US Justice Department sues Penn State over in-state tuition for undocumented students

The US Department of Justice filed a lawsuit on Thursday against Pennsylvania State University, accusing it of breaking federal law by granting in-state tuition rates to undocumented students while denying those same reduced rates to US citizens.

The complaint argues the university's tuition policy discriminates against citizens. Under Penn State's current rules, undocumented students can qualify for in-state tuition if they meet the school's residency standards. Non-citizen applicants must have attended an accredited Pennsylvania high school for at least four years and graduated from one.

Federal prosecutors say that arrangement conflicts with a law barring "preferential treatment" for undocumented immigrants in higher education unless US citizens receive the same benefit. The department is asking a court to order Penn State to stop offering in-state rates to undocumented students, including those who live in Pennsylvania, regardless of immigration status. It also wants to prevent the university from adopting future policies that give undocumented students preference over citizens.

"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 US citizens," Brett Shumate, assistant attorney general of the Justice Department's Civil Division, said in a statement.

Broader campaign

The case is part of a wider push by President Donald Trump's administration against state policies that lower tuition for undocumented students. Since returning to office for a second term in 2025, Trump has promised the largest deportation effort in US history.

The Justice Department said Thursday's filing brings its total number of lawsuits challenging such policies to 27. It said six cases — in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas — ended in court orders permanently blocking similar tuition rules. Prosecutors described the policies as unconstitutional and cited the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, arguing it bars public benefits from acting as an incentive for undocumented immigration.

"Federal law prohibits illegal aliens from being eligible to receive postsecondary education benefits based on residence within a state if such benefits are denied to US citizens residing in other states," the lawsuit said, adding that there are no exceptions and that Penn State had ignored the prohibition.

Public universities in the US generally charge lower tuition to residents of their own state, while out-of-state students pay more. Supporters say in-state rates discourage "brain drain" and reward residents whose taxes fund education, and advocates argue undocumented students, many brought to the country as minors, should share those benefits.

Penn State said it was aware of the complaint and was reviewing it.

Source: Al Jazeera.