Today, the U.S. Department of Justice filed a lawsuit against the Pennsylvania State University for violating federal law by prioritizing the needs of illegal aliens over U.S. citizens in defiance of Congress’s commands. The Department is challenging the Pennsylvania State University’s policy which grants in-state tuition to illegal aliens while denying reduced tuition to U.S. citizens. This policy unconstitutionally discriminates against U.S. citizens who are not afforded the same reduced tuition rate, in direct conflict with federal law.
“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,” said Associate Attorney General Stanley E. Woodward, Jr. “Congress long ago made clear that states, through their public universities, cannot give reduced tuition to illegal aliens not available to all Americans.”
“Congress made a deliberate policy choice that states and their public institutions may not grant tuition benefits to illegal aliens unless those same benefits are made to all U.S. citizens,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “This university has ignored that mandate. The Department will continue to challenge policies that unlawfully disadvantage American citizens.”
In the complaint, the United States seeks to enjoin the Pennsylvania State University from enforcing its policy that provides undocumented students, including illegal aliens who reside in Pennsylvania, with in-state tuition rates, regardless of whether those undocumented students are lawfully present in the United States. Additionally, the complaint seeks to enjoin the Pennsylvania State University from enacting any new tuition policies that favor undocumented students over U.S. citizens.
Today’s lawsuit brings the Department’s total to 27 lawsuits challenging in-state tuition for illegal aliens. Under the leadership of Attorney General Todd Blanche, the Department’s efforts have delivered numerous wins for the American people, as six lawsuits in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas have resulted in favorable orders permanently enjoining and declaring unconstitutional similar laws which gave reduced tuition to illegal aliens, including an order from the Fifth Circuit.