Penn State is the target of a U.S. Department of Justice lawsuit for its tuition policy on undocumented residents, becoming the 27th institution or state the DOJ has filed suit against.
Penn State’s policy says that undocumented students can be eligible for in-state tuition if they meet the university’s residency requirements. That includes going to a Pennsylvania high school for at least four years.
But the U.S. Department of Justice is challenging that. In a news release about the suit, the DOJ says the policy “unconstitutionally discriminates against U.S. citizens” who don’t get the same reduced rate and that universities cannot give reduced tuition that’s not available to all Americans.
A Penn State spokesman said the university is reviewing the complaint.
Three organizations — TheDream.US, MALDEF (the Mexican American Legal Defense and Educational Fund) and the Presidents’ Alliance on Higher Education and Immigration recently issued a report on what they say are the negative effects of the Department of Justice lawsuits.
Speaking during a recent news conference, Gaby Pacheco, president and CEO of TheDream.US, said the the students they work with arrive in the United States at a median age of 4 years old.
“We're talking about toddlers. That means that these students have grown up here, studied here, succeeded from kindergarten to 12th grade. They have graduated and have earned admission to these colleges and universities," said Pacheco. TheDream.US gives undocumented students scholarships and assistance.
The organizations say the in-state tuition policies expand access to higher education and support state and local economies.
According to TheDream.US, Penn State is the second institution facing a DOJ lawsuit, along with 24 states and Washington, D.C. that have faced similar lawsuits over the past two years.
As a result of the legal challenges, in-state tuition policies for undocumented students have ended in six states, according to the Presidents’ Alliance on Higher Education and Immigration, which tracks the cases. However, Illinois enacted a new law restoring access starting in 2027.