U.S. Department of Justice Files Lawsuit Against Penn State Over In-State Tuition Policy
The U.S. Department of Justice (DOJ) initiated a legal action against Pennsylvania State University on Thursday regarding the institution’s policy that allows certain undocumented students to qualify for in-state tuition rates. This lawsuit represents a strategic pivot by the Trump administration, which aims to eliminate tuition advantages for undocumented individuals attending public colleges.
Earlier in October, the DOJ had also filed a similar suit against the University of Delaware. Currently, the federal agency is pursuing legal challenges against every state with policies that grant such benefits to undocumented residents.
Ongoing Litigation Landscape
Various lawsuits across multiple states are in progress, with the DOJ experiencing both successes and setbacks in their efforts. A spokesperson for Penn State mentioned on Friday that the university is actively reviewing the DOJ’s complaint.
Eligibility Criteria for In-State Tuition
At Penn State, undocumented students may qualify for in-state tuition if they meet specific conditions, including attending a high school in Pennsylvania for at least four years and obtaining either a high school diploma or a GED from the state.
For the 2026-27 academic year, the cost of in-state tuition at Penn State’s main campus is set at $20,878, a significant reduction compared to the $44,574 charged to out-of-state students.
Legal Arguments Presented
The DOJ contends that Penn State’s policy unlawfully offers benefits to undocumented students that are not made available to all U.S. citizens. Notably, Pennsylvania has avoided such a lawsuit at the state level, as it does not extend in-state tuition benefits to undocumented students.
Federal immigration law stipulates that undocumented students are ineligible for postsecondary education benefits based on state residency unless similarly situated citizens or nationals of the United States are also eligible, regardless of residency status. Some states involved in legal confrontations with the DOJ argue that their policies apply equally to both citizens and undocumented residents.
States Targeted by DOJ
The federal agency’s current legal actions extend to 24 states and Washington, D.C., with the following states included:
- Arkansas
- Arizona
- California
- Connecticut
- Colorado
- Hawai’i
- Illinois
- Kansas
- Kentucky
- Maryland
- Massachusetts
- Minnesota
- Nebraska
- New Jersey
- New Mexico
- New York
- Oklahoma
- Oregon
- Rhode Island
- Texas
- Utah
- Vermont
- Virginia
- Washington
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