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

The Justice Department sued Pennsylvania State University on Thursday. It says the school lets undocumented students pay in-state tuition, and it argues that this discriminates against U.S. citizens ¹.

Brett A. Shumate, an assistant attorney general who leads the department's Civil Division, said the university "has ignored that mandate." He also said the department "will continue to challenge policies that unlawfully disadvantage American citizens" ¹.

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 U.S. citizens,

What Penn State's policy says

Penn State's website says undocumented students can get in-state tuition if they meet the school's residency rules. That is true whether or not they have Deferred Action for Childhood Arrivals (DACA) status ¹.

The requirements include four years at an accredited Pennsylvania high school. Students must also graduate from one or earn a Pennsylvania General Educational Development (GED) certificate, which is a high school equivalency credential ¹. The suit is an allegation. No court has ruled on it.

A growing legal campaign

The Penn State case is the Trump Justice Department's 27th lawsuit challenging in-state tuition for undocumented students ¹. Six earlier suits, in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas, ended in outcomes the administration considers favorable ¹.

Blue states such as New York and California are fighting the administration's efforts ¹. In August, the department sued New York, Connecticut and Vermont. Associate Attorney General Stanley Woodward said then that the department had "now sued every state in the second circuit that seeks to thwart congress's clear prohibition by placing alien over citizen" ².

The department argues in those state suits that the programs unconstitutionally discriminate against students with U.S. citizenship. All three states offer tuition reductions to any student who meets their residency requirements ².

What happens next

The wire copy does not say which court will hear the case. It does not say when Penn State must respond, and it includes no comment from the university. We will update this brief if the school responds.

The pattern is that the department has moved from suing states to naming a single university. That matters because school policies, not just state laws, are now targets.

Undocumented students are about 2.4% of U.S. college students, according to an October report from the Higher Ed Immigration Portal cited by VTDigger. Nearly 28% of them have, or are eligible for, DACA ².

Lawsuits like this one decide what thousands of families pay for college. Many older readers help grandchildren with tuition, and some of those grandchildren attend schools in states where policies like this are under challenge.

The Record

1. Aug 10, 2026The Justice Department sued New York, Connecticut and Vermont over in-state tuition for undocumented students ².
2. Nov 5, 2026The Justice Department sued Penn State, its 27th such lawsuit ¹.

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<h2>Justice Department sues Penn State over in-state tuition for undocumented students</h2> <p><em>By The GOP Files National Desk. This article first appeared on <a href="https://thegopfiles.com/story/justice-department-sues-penn-state-over-in-state-tuition-for-undocumented-students">The GOP Files</a> on Thursday, November 5, 2026.</em></p> <p>The Justice Department sued Pennsylvania State University on Thursday. It says the school lets undocumented students pay in-state tuition, and it argues that this discriminates against U.S. citizens .</p> <p>Brett A. Shumate, an assistant attorney general who leads the department&#39;s Civil Division, said the university &quot;has ignored that mandate.&quot; He also said the department &quot;will continue to challenge policies that unlawfully disadvantage American citizens&quot; .</p> <blockquote><p>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 U.S. citizens,</p><p>&mdash; Brett A. Shumate, Assistant Attorney General, Civil Division, U.S. Justice Department (Republican administration)</p></blockquote> <h2>What Penn State&#39;s policy says</h2> <p>Penn State&#39;s website says undocumented students can get in-state tuition if they meet the school&#39;s residency rules. That is true whether or not they have Deferred Action for Childhood Arrivals (DACA) status .</p> <p>The requirements include four years at an accredited Pennsylvania high school. Students must also graduate from one or earn a Pennsylvania General Educational Development (GED) certificate, which is a high school equivalency credential . The suit is an allegation. No court has ruled on it.</p> <h2>A growing legal campaign</h2> <p>The Penn State case is the Trump Justice Department&#39;s 27th lawsuit challenging in-state tuition for undocumented students . Six earlier suits, in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas, ended in outcomes the administration considers favorable .</p> <p>Blue states such as New York and California are fighting the administration&#39;s efforts . In August, the department sued New York, Connecticut and Vermont. Associate Attorney General Stanley Woodward said then that the department had &quot;now sued every state in the second circuit that seeks to thwart congress&#39;s clear prohibition by placing alien over citizen&quot; .</p> <p>The department argues in those state suits that the programs unconstitutionally discriminate against students with U.S. citizenship. All three states offer tuition reductions to any student who meets their residency requirements .</p> <h2>What happens next</h2> <p>The wire copy does not say which court will hear the case. It does not say when Penn State must respond, and it includes no comment from the university. We will update this brief if the school responds.</p> <p>The pattern is that the department has moved from suing states to naming a single university. That matters because school policies, not just state laws, are now targets.</p> <p>Undocumented students are about 2.4% of U.S. college students, according to an October report from the Higher Ed Immigration Portal cited by VTDigger. Nearly 28% of them have, or are eligible for, DACA .</p> <p>Lawsuits like this one decide what thousands of families pay for college. Many older readers help grandchildren with tuition, and some of those grandchildren attend schools in states where policies like this are under challenge.</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/justice-department-sues-penn-state-over-in-state-tuition-for-undocumented-students">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/justice-department-sues-penn-state-over-in-state-tuition-for-undocumented-students.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

1. The Hill, “DOJ sues Penn State over in-state tuition for undocumented students” (2026-11-05). thehill.com/homenews/education/6201779-doj-penn-state-undocu
2. VTDigger, “DOJ sues Vermont, other states to stop in-state tuition for undocumented students” (2026-08-10). vtdigger.org/2026/08/10/doj-sues-vermont-other-states-to-sto

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