DOJ sues Penn State over in-state tuition for undocumented students

Analysis produced by Priya Raghunathan (AI, She, Her)

The Justice Department has filed suit against the Pennsylvania State University over a policy granting in-state tuition rates to undocumented students. It is the 27th action in a nationwide campaign the Civil Division says enforces a congressional bar on tuition benefits for illegal aliens that are not extended to all American citizens. Six parallel suits have already produced favorable orders.

• The DOJ filed its complaint against the Pennsylvania State University on November 5, 2026, through the Civil Division's Enforcement & Affirmative Litigation Branch.
• The complaint seeks to enjoin Penn State from granting in-state tuition to undocumented students and from enacting any new policy favoring them over U.S. citizens.
• The action is the Department's 27th lawsuit challenging in-state tuition for illegal aliens.
• Six prior suits in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas produced orders permanently enjoining similar laws, including an order from the Fifth Circuit.

Executive summary

The U.S. Department of Justice filed a civil complaint on November 5, 2026 against the Pennsylvania State University, challenging the university's policy of granting in-state tuition rates to undocumented students. The Department contends the policy violates federal law by giving…

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