US Justice Department sues Penn State over undocumented students’ tuition

The United States Department of Justice has sued Pennsylvania State University, accusing the institution of violating federal law by offering in-state tuition rates to undocumented students while denying the same reduced rates to all US citizens. But prosecutors have rejected that policy, saying it violates a federal law that bars “preferential treatment” in higher education for undocumented immigrants, unless the same benefits are available to US citizens.

In the US, public universities typically charge lower tuition to students who are residents of the state where the institution is located, while students from other states pay higher rates. Proponents of such policies say in-state tuition helps prevent “brain drain”, wherein students might leave the state to attend universities elsewhere.

They also reward residents of the state, who contribute taxes to the education system. Advocates argue the same benefits should be directed towards undocumented students, who are often brought to the country as minors.