DOJ Sues Penn State Over In-State Tuition Policy
The Facts
- The U.S. Department of Justice (DOJ) sued Pennsylvania State University on Thursday, arguing that its policy of granting in-state tuition to "illegal aliens" in the country violates federal law because U.S. citizens do not qualify for the same rate.
- Penn State's website says undocumented students, with or without Deferred Action for Childhood Arrivals status, can qualify for in-state rates if they attend an accredited Pennsylvania high school for four years and graduate or earn a Pennsylvania General Educational Development (GED) certificate.
- The suit, however, alleged that the policy contravenes 8 U.S.C. § 1623(a), a 1996 federal immigration law that bars states from granting residency-based postsecondary education benefits to people in the country illegally unless it extends the same benefits to all citizens.
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The Spin
Republican narrative
It is unacceptable that Penn State is charging American citizens double the tuition fees charged to people living here illegally at a taxpayer-funded school. Congress settled this question decades ago, and Penn State cannot opt out of federal law. Allowing this policy to continue would only reward illegal immigrants for breaking the rules while out-of-state families foot the bigger bill.
Democratic narrative
This lawsuit is yet another example of the Trump administration trying to hound immigrant students out of American classrooms. In doing so, America is shooting itself in the foot by draining the talent that will power tomorrow's labs and startups. Driving them out will undermine American performance and hand an advantage to every country racing to recruit the same minds.