Law & Justice
Justice Department Files Suit Against Penn State Over Undocumented Students’ Tuition Policy
The United States Department of Justice has sued Pennsylvania State University, alleging that the university’s policy allowing undocumented students to qualify for in‑state tuition rates violates federal law. The lawsuit, filed on Thursday, argues that the policy discriminates against U.S. citizens by providing preferential treatment to undocumented immigrants. Currently, undocumented students can receive in‑state tuition if they meet Penn State’s residency standards, which require attendance at an accredited Pennsylvania high school for at least four years and graduation. Prosecutors contend that federal law bars such preferential treatment unless the same benefits are available to all U.S. citizens. The Justice Department seeks a court order to stop Penn State from offering in‑state tuition to undocumented students, regardless of their immigration status, and to prevent the university from adopting future tuition policies that favor undocumented students over citizens. Assistant Attorney General Brett Shumate stated that Congress has made it clear that states and public institutions may not grant tuition benefits to illegal aliens unless those benefits are also granted to all U.S. citizens. The lawsuit is part of a broader effort by the Trump administration to challenge state policies that provide reduced tuition to undocumented students. Since returning to office in 2025, President Trump has pursued a hard‑line immigration agenda, including a promise to launch the largest deportation effort in U.S. history. The Justice Department said the Thursday filing brings its total number of lawsuits challenging such policies to 27, noting that six cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas have resulted in court orders permanently blocking similar tuition policies. The lawsuit claims that federal law prohibits illegal aliens from receiving postsecondary education benefits based on state residence if those benefits are denied to U.S. citizens residing in other states, and that Penn State has ignored this congressional prohibition. Penn State has acknowledged the complaint and is reviewing it.