DOJ Sues Penn State Over In-State Tuition for Undocumented Students

The Justice Department filed a complaint against Penn State on Nov. 5, 2026, over a policy allowing some undocumented students in-state tuition. Stanley Woodward said the department continues efforts to ensure "no state law or university policy gives preferential treatment to illegal aliens over our Nation's own citizens." Brett A. Shumate said Congress chose that states may not grant tuition benefits to illegal aliens unless those same benefits are made to all U.S. citizens, and that "This university has ignored that mandate." The suit is the DOJ's 27th. Six prior cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas brought favorable orders, including from the Fifth Circuit. Policies ended there and in Florida. A similar suit targeted the University of Delaware last month. Penn State, with 86,000 students, requires four years at a Pennsylvania high school and graduation or a GED. A spokesperson said the university is reviewing the complaint. Two dozen states once offered the breaks; New York and California are described as resisting. WHAT'S CONTESTED: DOJ argues federal law bars preferential benefits for immigrants present illegally regardless of residency. Supporters argue the rates comply when available to citizens under the same residency and education requirements, and note many students were brought as children.