--- title: "Justice Department sues Penn State to end in-state tuition for undocumented students" description: "The suit is the DOJ's 27th over such tuition rates and targets a university with 86,000 students." url: https://education.skoop.news/justice-department-takes-penn-state-to-court-over-in-state-r-5c0707/ published: 2026-11-07T11:18:46.557656-05:00 modified: 2026-11-07T11:18:46.557678-05:00 section: "Education & Careers" publisher: "skoop.news" language: en keywords: ["Penn State", "United States", "Assistant Attorney General Brett A", "District Judge Matthew Brann", "Department of Justice", "Judge Matthew Brann", "DOJ", "Pennsylvania", "U.S", "Congress"] hashtags: ["#PennState", "#UnitedStates", "#AssistantAttorneyGeneralBrettA", "#School", "#education"] image: https://thumb.wikimedia.org/wikipedia/commons/thumb/d/dd/Carnegie_Library_Pennsylvania_State_University_%28Penn_State%29.jpg/1280px-Carnegie_Library_Pennsylvania_State_University_%28Penn_State%29.jpg?utm_source=commons.wikimedia.org&utm_campaign=imageinfo&utm_content=thumbnail --- # Justice Department sues Penn State to end in-state tuition for undocumented students > The suit is the DOJ's 27th over such tuition rates and targets a university with 86,000 students. Published 2026-11-07 · Updated 2026-11-07 · Education & Careers, [skoop.news](https://skoop.news/) ## In brief - The U.S. Department of Justice sued Penn State on a Thursday over a policy giving in-state tuition rates to some immigrant students who are in the country illegally. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) - The DOJ asks a court to bar Penn State from enforcing the policy for undocumented students who live in Pennsylvania. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) - Under federal immigration law, undocumented students cannot receive postsecondary education benefits based on state residency unless a citizen or national of the United States is also eligible regardless of residency. [[3]](https://www.highereddive.com/news/doj-sues-penn-state-over-in-state-tuition-for-undocumented-students/874039/) ## The lawsuit against Penn State The U.S. Department of Justice sued Penn State on a Thursday over a policy giving in-state tuition rates to some immigrant students who are in the country illegally. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) The Penn State case brings the DOJ's total to 27 lawsuits over in-state tuition for undocumented students. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) Penn State has 86,000 students. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) The DOJ calls the policy unconstitutional discrimination against citizens and in conflict with federal law. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) The lawsuit includes two counts alleging violations of the Supremacy Clause. [[2]](https://www.centredaily.com/news/local/education/penn-state/article317942005.html) The board of trustees is also listed as a defendant. [[2]](https://www.centredaily.com/news/local/education/penn-state/article317942005.html) The lawsuit was assigned to U.S. District Judge Matthew Brann, who was appointed by former President Barack Obama. [[2]](https://www.centredaily.com/news/local/education/penn-state/article317942005.html) ## What the DOJ wants from the court The DOJ asks a court to bar Penn State from enforcing the policy for undocumented students who live in Pennsylvania. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) It also asks the court to bar Penn State from adopting any new tuition policy that favors undocumented students over citizens. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) The Justice Department's lawsuit pointed to two executive orders signed by Trump. [[2]](https://www.centredaily.com/news/local/education/penn-state/article317942005.html) ## The legal argument Under federal immigration law, undocumented students cannot receive postsecondary education benefits based on state residency unless a citizen or national of the United States is also eligible regardless of residency. [[3]](https://www.highereddive.com/news/doj-sues-penn-state-over-in-state-tuition-for-undocumented-students/874039/) The federal government holds that federal law bars states from giving preferential benefits to immigrants in the country illegally, whether or not those students meet residency requirements. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) The DOJ argued in court documents that Penn State's policy illegally provides benefits to undocumented students that are not available to all U.S. citizens. [[3]](https://www.highereddive.com/news/doj-sues-penn-state-over-in-state-tuition-for-undocumented-students/874039/) It also argues the policy does not require lawful presence in the U.S. for in-state tuition eligibility. [[2]](https://www.centredaily.com/news/local/education/penn-state/article317942005.html) Assistant Attorney General Brett A. Shumate said 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. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) He said the university has ignored Congress's mandate. [[2]](https://www.centredaily.com/news/local/education/penn-state/article317942005.html) Supporters of the tuition breaks say the rates do not violate federal law when U.S. citizens in the same circumstances receive them. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) A Penn State spokesperson said the university is aware of the complaint and is reviewing it. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) ## How the Penn State policy works Undocumented students at Penn State are eligible for in-state tuition if they attended a Pennsylvania high school for at least four years and graduated with a high school degree or GED in the state, among other requirements. [[3]](https://www.highereddive.com/news/doj-sues-penn-state-over-in-state-tuition-for-undocumented-students/874039/) Students under the policy are classified by residency rules that require a Pennsylvania domicile and presence not primarily for educational purposes. [[2]](https://www.centredaily.com/news/local/education/penn-state/article317942005.html) Many of the students who receive the rates were brought to the United States as children by their parents. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) ## How the case fits the DOJ's campaign The Penn State lawsuit marks a shift in the Trump administration's strategy, from suing states to targeting individual public colleges. [[3]](https://www.highereddive.com/news/doj-sues-penn-state-over-in-state-tuition-for-undocumented-students/874039/) The DOJ filed a similar lawsuit against the University of Delaware at the start of October. [[3]](https://www.highereddive.com/news/doj-sues-penn-state-over-in-state-tuition-for-undocumented-students/874039/) Six earlier DOJ suits, in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas, ended in orders permanently blocking similar laws and declaring them unconstitutional, according to the department. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) After the administration began suing in the prior year, the policies ended in Florida, Texas, Kansas, Oklahoma, Nebraska, Illinois and Kentucky. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) Two dozen states once offered such tuition breaks, often with bipartisan support, according to Spotlight PA. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) Pennsylvania has not faced a DOJ lawsuit of this kind because it does not offer in-state tuition to undocumented students at the state level. [[3]](https://www.highereddive.com/news/doj-sues-penn-state-over-in-state-tuition-for-undocumented-students/874039/) ## What it means for you If you are an undocumented student at Penn State, the policy covers you when you attended a Pennsylvania high school for at least four years and graduated with a high school degree or GED in the state. [[3]](https://www.highereddive.com/news/doj-sues-penn-state-over-in-state-tuition-for-undocumented-students/874039/) The DOJ asks a court to bar Penn State from enforcing the policy for undocumented students who live in Pennsylvania. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) Penn State says it is reviewing the complaint, and the case sits with Judge Matthew Brann. [[1]](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) [[2]](https://www.centredaily.com/news/local/education/penn-state/article317942005.html) ## Sources 1. [Justice Department Takes Penn State to Court Over In-State Rates for Undocumented Students - Philadelphia Weekly](https://philadelphiaweekly.com/news/2026/11/06/justice-department-takes-penn-state-to-court-over-in-state-rates/) — Philadelphia Weekly 2. [Justice Department sues Penn State over in-state tuition policy for undocumented students](https://www.centredaily.com/news/local/education/penn-state/article317942005.html) — Yahoo 3. [DOJ sues Penn State over in-state tuition for undocumented students](https://www.highereddive.com/news/doj-sues-penn-state-over-in-state-tuition-for-undocumented-students/874039/) — Higher Ed Dive Image: Photo: State Collegian / Wikimedia Commons, Public domain (https://commons.wikimedia.org/wiki/File:Carnegie_Library_Pennsylvania_State_University_(Penn_State).jpg) --- Written from the sources above and checked twice (rules and an independent model) before publishing. How we work: https://skoop.news/how-we-work/ · Corrections: https://skoop.news/corrections/