DOJ Sues Penn State Over Undocumented In-State Tuition

The Justice Department on Thursday filed a federal lawsuit against the Pennsylvania State University over a policy that lets some undocumented students pay in-state tuition while U.S. citizens from other states pay higher nonresident rates, according to a department news release and StateCollege.com.

In its complaint, the United States asks a district court to declare the policy unlawful and to permanently enjoin Penn State from enforcing it or adopting similar tuition rules that favor undocumented students over U.S. citizens, the Justice Department said. Associate Attorney General Stanley E. Woodward Jr. said in the release that the department is acting to stop university policies that, in his words, give preferential treatment to “illegal aliens” over U.S. citizens.

What the policy requires

Under Penn State rules described by StateCollege.com, undocumented students can qualify for in-state rates if they meet the university’s Pennsylvania residency standards, including attending an accredited Pennsylvania high school for at least four years and graduating from one or receiving a state GED certificate. A university spokesperson told StateCollege.com that Penn State is aware of the complaint and is reviewing it. The university and the commonwealth do not provide institutional financial aid to undocumented students, who are ineligible for federal student aid, StateCollege.com reported.

Federal claim and prior cases

Assistant Attorney General Brett A. Shumate of the Civil Division said Congress barred states and their public institutions from granting tuition benefits to people the department calls “illegal aliens” unless the same benefits are available to all U.S. citizens. The department’s 14-page complaint, cited by StateCollege.com, argues the policy conflicts with federal law that restricts postsecondary education benefits based on state residency for people without lawful status, and with the Supremacy Clause.

The filing is the department’s 27th lawsuit challenging in-state tuition for undocumented students since early 2025 executive orders, the Justice Department said. It reported favorable injunctions in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas. StateCollege.com noted that a federal judge dismissed a similar Minnesota suit, finding the department misinterpreted the law, and that other states continue to defend comparable policies.

Sources: U.S. Department of Justice, StateCollege.com, Associated Press