Justice Department Sues Penn State

Penn State University faces a federal lawsuit challenging its practice of charging in-state tuition to undocumented students. The United States Department of Justice filed the complaint on Thursday. The suit argues the university discriminates against U.S. citizens by offering lower rates to non-citizens while denying those same rates to residents of other states.

Public universities generally charge lower tuition to in-state residents. Advocates for the policy note that state taxpayers fund these institutions. They argue that extending in-state rates to undocumented students, particularly those brought to the country as minors, removes financial barriers to higher education. Proponents also suggest such policies help retain talent within the state.

The Justice Department counters that federal law bars preferential treatment for undocumented immigrants in higher education. Unless the same benefits are available to all U.S. citizens, the prosecutors say the university violates congressional mandates. Assistant Attorney General Brett Shumate stated that Congress made a deliberate choice to restrict tuition benefits for illegal aliens unless they are extended to all citizens.

This litigation is part of a wider effort under President Donald Trump to challenge state tuition policies. Since taking office in 2025, the administration has pursued stricter immigration enforcement. The Justice Department reports that the Penn State filing brings the total number of such lawsuits to 27. Six previous cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas resulted in permanent court orders blocking similar policies.

Prosecutors contend that these tuition rules are unconstitutional. They cite the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, arguing it prevents public benefits from serving as an incentive for immigration. The lawsuit states there are no exceptions to this rule and that Penn State has ignored the congressional prohibition.

Under current Penn State rules, non-citizen applicants must attend an accredited Pennsylvania high school for at least four years and graduate from it to qualify for in-state rates. The university acknowledged the complaint on Thursday. It is currently reviewing the filing.

The Department of Justice is seeking a court order to stop Penn State from offering in-state tuition to undocumented students. It also wants to block the university from adopting future policies that provide preferential treatment to non-citizens over U.S. citizens.