The U.S. Department of Justice filed a lawsuit on Thursday against Pennsylvania State University, alleging the school’s policy of offering in-state tuition to undocumented immigrants violates federal law by providing benefits not equally available to all U.S. citizens.
The complaint, filed in federal court in Pennsylvania, argues that Penn State’s policy conflicts with federal law, which states that states may not grant tuition benefits to undocumented immigrants unless the same benefits are provided to all U.S. citizens without regard to residency. The DOJ seeks to block the university from enforcing the policy and any similar future measures.
A Penn State spokesperson confirmed receipt of the complaint and stated the university is reviewing it.
Federal law and legal precedent
The lawsuit cites federal law, specifically a provision stating that undocumented immigrants may not receive postsecondary education benefits unless U.S. citizens are eligible for the same benefits without regard to residency. The DOJ notes that federal courts have previously struck down similar policies in Kansas and Illinois.
The complaint requests the court declare Penn State’s policy unconstitutional and issue a permanent injunction against its enforcement.
DOJ rationale and statements
Assistant Attorney General Brett A. Shumate of the DOJ’s Civil Division stated in a release that the department is challenging policies that unlawfully disadvantage American citizens. The DOJ argues that Penn State’s policy prioritizes undocumented students over U.S. citizens who do not qualify for in-state tuition.
Associate Attorney General Stanley E. Woodward Jr. added that the lawsuit aligns with the department’s efforts to prevent preferential treatment for undocumented immigrants over U.S. citizens.
University policy and student eligibility
According to Penn State’s website, undocumented students—including those with or without Deferred Action for Childhood Arrivals (DACA) status—may qualify for in-state tuition if they meet certain residency requirements, such as graduating from a Pennsylvania high school. The university has not publicly detailed how many students are currently enrolled under this policy.
Broader context and recent actions
The lawsuit is part of a broader federal effort under the Trump administration to challenge state and university policies that provide in-state tuition to undocumented immigrants. At least two dozen states once offered such tuition breaks, but many have been rolled back or faced legal challenges in recent years. The DOJ has filed similar lawsuits against other institutions, including the University of Delaware.
Supporters of the tuition policy argue that it does not violate federal law if U.S. citizens in the same circumstances—such as state residents or high school graduates—are also eligible for the reduced rate. They contend that many undocumented students were brought to the U.S. as children and are integrated into their communities.
The lawsuit does not seek monetary damages but asks the court to block the policy and any future similar measures.