DOJ Sues Penn State Over Tuition Rules for Undocumented Students

The U.S. Department of Justice filed a lawsuit on Thursday against Pennsylvania State University, alleging that the school’s tuition structure discriminates against U.S. citizens. The complaint contends that allowing undocumented students to pay in-state rates while charging higher prices to citizens from other states violates federal statutes governing public higher education benefits.

The core of the legal challenge rests on a 1996 federal law that restricts state institutions from granting preferential treatment to undocumented immigrants unless the same perks are extended to all U.S. citizens. Prosecutors argue that Penn State’s current policy fails this test. Under the university’s rules, non-citizen applicants who attended an accredited Pennsylvania high school for at least four years and graduated qualify for resident rates. However, a U.S. citizen residing in another state cannot access that same discount, creating a disparity that the Justice Department deems unconstitutional.

Brett Shumate, the assistant attorney general of the Civil Division, stated that Congress made a deliberate choice to prevent tuition benefits for illegal aliens unless they are available to all citizens. The lawsuit seeks a court order to halt these practices immediately. It also aims to block the university from implementing future policies that might again grant undocumented students financial advantages over U.S. citizens based on their residency status.

This filing marks the 27th lawsuit the Justice Department has brought against state tuition policies under President Donald Trump’s second term. The administration has pursued a strategy to limit financial incentives for undocumented immigration. In six previous cases across Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas, courts have issued permanent orders stopping similar tuition structures. The current complaint cites the Personal Responsibility and Work Opportunity Reconciliation Act, arguing that public benefits should not serve as an incentive for undocumented individuals to remain in the state.

Penn State officials confirmed they are aware of the complaint and are reviewing the legal document. The university’s policy proponents typically argue that in-state rates help retain students who might otherwise leave the state and reduce barriers to higher education for those who grew up in Pennsylvania. The lawsuit specifically targets the mechanism by which residency status determines cost, regardless of immigration status, for those meeting the four-year high school attendance requirement.