DOJ sues Penn State over in-state tuition for some immigrants in US illegally
The department says the policy violates federal law, and Penn State says it is reviewing the complaint.
The filed a complaint on Thursday against Pennsylvania State University, known as Penn State. The suit targets the school's practice of charging in-state tuition rates to some immigrants who are in the country illegally. The department argues federal law bars states and their public universities from giving such benefits to immigrants not lawfully present, unless U.S. citizens get the same benefit regardless of where they live.
The complaint asks the court to declare the policy unconstitutional and permanently block Penn State from enforcing it or any similar policy later. Associate Stanley Woodward said the department continues its work against any state law or university policy that gives "preferential treatment" to "illegal aliens" over citizens. Assistant Attorney General Brett Shumate said the university "has ignored that mandate."
A Penn State spokesperson said the university is aware of the complaint and reviewing it. Supporters of tuition breaks say such policies do not violate federal law if the same rates go to U.S. citizens who live in the state and graduated from its high schools. Two dozen states once offered the breaks.
According to Fox News and The Epoch Times, this is the 27th DOJ lawsuit of its kind.
- 27th DOJ lawsuit challenging in-state tuition for illegal immigrants, per The Epoch Times — The Epoch Times
- 86,000 students Penn State enrollment — The Seattle Times
- Two dozen states once offered the tuition breaks — The Seattle Times
- six lawsuits that Fox News says produced favorable orders for the federal government — Fox News
Three sides of the story
Liberal0 outlets
Outlets on this side gave the story little coverage.
Center1 outlet
A sweeping crackdown, with supporters' legal counterargument
The Seattle Times, running an Associated Press report, opens with the Justice Department's complaint against Penn State and calls it "part of a sweeping crackdown" by Trump's administration. It notes that two dozen states once offered such tuition breaks, often with bipartisan support, and that the policies ended in places including Texas and Florida after the administration began suing. The report names the earlier suit against the University of Delaware.
It also says the Penn State case arrives as the country watches for signs of how education and immigration policy could change after the elections, in which Republicans lost badly. It quotes Woodward and a Penn State spokesperson. It also gives supporters' argument that the breaks do not violate federal law when U.S. citizens in the same circumstances get the same rates, and notes that many students were brought as children.
Conservative2 outlets
DOJ's legal case that citizens are disadvantaged
The Epoch Times and Fox News lead with the lawsuit and the DOJ's claim that Penn State's policy breaks federal law and disadvantages citizens. Both quote Woodward and Shumate, who says the university "has ignored that mandate." The Epoch Times quotes the federal statute and reports that the complaint cites courts striking down similar policies in Kansas and Illinois.
It adds a judge's ruling for the department and an decision on Texas, and notes other courts have sided with states. Fox News says the department describes the policy as unconstitutional discrimination against citizens and counts six suits with favorable orders for the federal government. It cites Penn State's website on eligibility, including the Pennsylvania high school requirement.
Both give the 27th lawsuit count and report that Penn State is reviewing the complaint or was asked for comment.
Which side made the stronger case?
All sources: 3 articles from 3 outlets
Center (1)
- The Seattle Times: Trump administration sues Penn State over in-state tuition for students in the US illegally
Conservative (2)
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