DOJ sues Penn State over tuition policy for undocumented students

The U.S. Department of Justice filed a federal lawsuit on Thursday, Nov. 5, 2026, challenging Pennsylvania State University's tuition policy for undocumented students. The complaint, filed in the U.S. District Court for the Middle District of Pennsylvania, alleges that the university's criteria for granting in-state tuition rates to students without lawful immigration status violates federal law.

Under the current policy, Penn State allows students who meet specific residency requirements—such as attending an accredited Pennsylvania high school for at least four years and graduating or obtaining a GED in the state—to qualify for lower tuition rates. The DOJ argues that these benefits are provided to undocumented immigrants while not being extended to U.S. citizens who reside in other states.

Associate Attorney General Stanley E. Woodward Jr. stated that the department is acting to ensure that no university policy provides preferential treatment to illegal aliens over U.S. citizens. Assistant Attorney General for the Civil Division Brett A. Shumate added that Congress established a policy choice preventing public institutions from granting such benefits unless they are available to all U.S. citizens.

The federal government is seeking a permanent injunction to block the university from enforcing the policy and from adopting similar measures in the future. The lawsuit also requests the recovery of attorney's fees and costs. This action marks the 27th lawsuit filed by the DOJ under the current administration regarding in-state tuition policies for undocumented students, with six previous cases in other states resulting in court orders favorable to the government.

Pennsylvania State University is currently reviewing the complaint. No court has issued a ruling on the allegations at this time.