DOJ Sues Penn State Over Tuition Break for Illegal Immigrants

WASHINGTON, D.C. — The U.S. Department of Justice filed a lawsuit Thursday against the Pennsylvania State University, challenging a policy that grants in-state tuition to illegal aliens while denying the same reduced rate to U.S. citizens, the Justice Department announced.

Read the Justice Department release: https://www.justice.gov/opa/pr/department-justice-files-complaint-against-pennsylvania-state-university-challenging-its

The Lawsuit, The Policy, The Complaint

The Department is challenging the Pennsylvania State University's policy which grants in-state tuition to illegal aliens while denying reduced tuition to U.S. citizens, the release stated. The policy unconstitutionally discriminates against U.S. citizens who are not afforded the same reduced tuition rate, in direct conflict with federal law, the release stated.

In the complaint, the United States seeks to enjoin the Pennsylvania State University from enforcing its policy that provides undocumented students, including illegal aliens who reside in Pennsylvania, with in-state tuition rates, regardless of whether those undocumented students are lawfully present in the United States, the release stated.

The complaint also seeks to enjoin the Pennsylvania State University from enacting any new tuition policies that favor undocumented students over U.S. citizens, the release stated.

The Campaign, The Wins, The Precedent

Thursday's lawsuit brings the Department's total to 27 lawsuits challenging in-state tuition for illegal aliens, the release stated.

Under the leadership of Attorney General Todd Blanche, the Department's efforts have delivered wins, as six lawsuits in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas have resulted in favorable orders permanently enjoining and declaring unconstitutional similar laws which gave reduced tuition to illegal aliens, including an order from the Fifth Circuit, the release stated.

"The Department of Justice today continues its efforts to ensure that no state law or university policy gives preferential treatment to illegal aliens over our Nation's own citizens," Associate Attorney General Stanley E. Woodward, Jr. stated. "Congress long ago made clear that states, through their public universities, cannot give reduced tuition to illegal aliens not available to all Americans."

"Congress made a deliberate policy choice that states and their public institutions may not grant tuition benefits to illegal aliens unless those same benefits are made to all U.S. citizens," Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division stated. "This university has ignored that mandate. The Department will continue to challenge policies that unlawfully disadvantage American citizens."

The case now proceeds in federal court, and the Department said it will continue to challenge policies that unlawfully disadvantage American citizens.

Sources

U.S. Department of Justice, Office of Public Affairs, "The Department of Justice Files Complaint Against the Pennsylvania State University Challenging Its Policy that Provide In-State Tuition to Illegal Aliens," November 5, 2026: https://www.justice.gov/opa/pr/department-justice-files-complaint-against-pennsylvania-state-university-challenging-its