The Trump administration has filed a federal complaint against Penn State, challenging its policy of providing in-state tuition rates to students who are in the United States illegally. The lawsuit is part of a broader effort by the administration to contest such policies across the country.
A spokesperson for Penn State stated that the university is aware of the complaint and is currently reviewing it.
Historically, two dozen states offered similar tuition breaks, which often received bipartisan backing. However, these policies have been phased out in several states, including Kentucky, Illinois, Nebraska, Oklahoma, Texas, Kansas, and Florida, following legal challenges initiated by the Trump administration last year. More recent actions have targeted individual institutions, such as a lawsuit filed against the University of Delaware last month.
The federal government contends that U.S. law prohibits states from offering preferential benefits to immigrants residing in the country unlawfully, irrespective of residency requirements. "The Department of Justice today continues its efforts to ensure that no state law or university policy gives preferential treatment to illegal aliens over our Nation’s own citizens," stated Stanley Woodward, a senior official at the Justice Department.
Conversely, proponents of these tuition policies argue they do not violate federal law if they offer the same rates to U.S. citizens who meet similar residency criteria, such as living in the state and graduating from a local high school. Many of the students affected by these policies were brought to the U.S. as children by their parents, and advocates assert they are integral members of their communities.