Justice Department sues Penn State over undocumented students' tuition

The United States Department of Justice filed a lawsuit against Pennsylvania State University on Thursday, accusing the school of breaking federal law. The complaint alleges that the university favors undocumented students by offering them in-state tuition rates while denying the same financial benefits to U.S. citizens from other states.

Under current Penn State rules, non-citizens can pay lower, in-state tuition if they meet specific residency standards. To qualify, applicants must have attended an accredited high school in Pennsylvania for at least four years and graduated from that institution. Federal prosecutors argue that this policy violates a 1996 law known as the Personal Responsibility and Work Opportunity Reconciliation Act. That law restricts states from using public benefits as an incentive for undocumented immigration.

Brett Shumate, assistant attorney general of the Justice Department’s Civil Division, stated that Congress deliberately chose to bar tuition benefits for undocumented immigrants unless those same benefits are available to all U.S. citizens. The lawsuit claims there are no exceptions to this rule and that Penn State has ignored the congressional prohibition.

The Justice Department is asking a court to stop Penn State from offering in-state rates to undocumented students. It also seeks an order blocking the university from creating future tuition policies that give non-citizens preferential treatment over U.S. citizens. Prosecutors described such state-level policies as unconstitutional in their filing.

This legal action is part of a larger effort by the administration to challenge state tuition rules. Since President Donald Trump returned to office in 2025, his administration has pursued a strict immigration agenda. The Justice Department noted that the Penn State filing is the 27th lawsuit of its kind. It added that courts have already issued permanent orders blocking similar tuition policies in six states: Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas.

Public universities in the U.S. generally charge residents of the state lower tuition fees. Students from other states pay higher rates. Advocates for current policies argue that in-state rates reward residents who pay state taxes and keep students from leaving the state for schools elsewhere. They also say such rates help undocumented students, many of whom arrived as minors, overcome financial barriers to higher education.

Penn State acknowledged the complaint on Thursday and said it is reviewing the document.