US Justice Department sues Penn State over tuition policy
The department seeks to block resident tuition for undocumented students, alleging that the policy unlawfully denies the same benefit to US citizens from other states.
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The department seeks to block resident tuition for undocumented students, alleging that the policy unlawfully denies the same benefit to US citizens from other states.
The US Justice Department sued Pennsylvania State University on 5 November 2026, over a policy that allows undocumented students to qualify for lower, in-state tuition. The department alleges that the policy unlawfully denies the same benefit to US citizens from other states.
Undocumented students who meet Penn State’s residency standards remain eligible for the lower rate. The lawsuit asks a court to change that arrangement; the filing itself has not changed eligibility.
US public universities typically charge state residents less than students from other states. Al Jazeera said Penn State’s current requirements call for noncitizen applicants to have attended an accredited Pennsylvania high school for at least four years and graduated from one.
The department seeks an injunction, a court order that would prevent Penn State from enforcing its existing policy granting undocumented students in-state rates, including for students who live in Pennsylvania. It also wants to stop the university from adopting new tuition policies that favor undocumented students over US citizens.
The complaint argues that federal law bars residence-based higher education benefits for undocumented immigrants when US citizens living in other states are denied those benefits. Prosecutors also call the policies unconstitutional and invoke the 1996 Personal Responsibility and Work Opportunity Reconciliation Act in arguing that public benefits should not encourage undocumented immigration.
Brett Shumate, the assistant attorney general in charge of the department’s Civil Division, said Congress had prohibited states and public institutions from granting such tuition benefits unless they were available to all US citizens. Penn State said it was aware of the complaint and was reviewing it.
Families with at least 6 minor children as of 1 July 2027 can qualify for certificates worth 4 million drams per child, subject to other conditions, to buy or build a home.
The case is part of President Donald Trump’s administration’s broader challenge to state policies granting undocumented students reduced tuition. The Justice Department says the Penn State filing brings its total number of such lawsuits to 27, and that 6 cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas have resulted in orders permanently blocking similar policies and declaring them unconstitutional.
The court must decide whether to grant the requested injunction while Penn State reviews the complaint.
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