The United States Department of Justice (DOJ) has filed a lawsuit against Pennsylvania State University over its policy allowing some undocumented migrant students to qualify for reduced in-state tuition fees.
The lawsuit, filed on Thursday, November 5, 2026, argues that the university’s policy violates federal law by giving undocumented students access to lower tuition rates that are not equally available to US citizens living outside Pennsylvania.
The Trump administration maintains that the policy unfairly disadvantages American citizens by providing undocumented migrants with educational benefits that are denied to other students.
Assistant Attorney General Brett A. Shumate of the DOJ’s Civil Division said Congress had established that states and public universities could not offer reduced tuition benefits to undocumented migrants unless the same benefits were also available to all US citizens.
He accused Penn State of disregarding this requirement and said the department would continue challenging policies it considers discriminatory towards American citizens.
The Justice Department is seeking a court order preventing the university from implementing its current tuition policy or introducing similar arrangements that give undocumented students preferential treatment.
Under Penn State’s existing guidelines, undocumented students, including those with or without Deferred Action for Childhood Arrivals (DACA) status, may qualify for in-state tuition if they meet specific Pennsylvania residency requirements.
These include attending an accredited high school in the state for at least four years and graduating from an accredited Pennsylvania high school or obtaining a state-issued General Educational Development (GED) certificate.
The university had not publicly responded to the lawsuit at the time of publication. Fox News reported that it had contacted Penn State for comment.
The latest legal action brings the number of lawsuits filed by the Justice Department challenging reduced in-state tuition benefits for undocumented migrants to 27.
According to the department, six similar cases involving Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas have already resulted in court orders favourable to the federal government.
Associate Attorney General Stanley E. Woodward Jr. said the administration was continuing its efforts to prevent state governments and public universities from granting undocumented migrants reduced tuition benefits that were not equally available to US citizens.
The lawsuit adds to the Trump administration’s broader legal efforts to challenge state-level policies affecting undocumented migrants, particularly in education and access to public benefits.