DOJ Sues Penn State Over In-State Tuition for Undocumented Students
You enrolled at Penn State as an undocumented student and qualified for in-state tuition — now the U.S. Department of Justice is suing the university to end that benefit. In November 2026, the DOJ filed a lawsuit against Pennsylvania State University, arguing its policy of granting in-state tuition to undocumented students while denying the same rate to out-of-state U.S. citizens violates federal law. Six similar lawsuits in other states have already resulted in courts permanently blocking those tuition policies.
You enrolled at Penn State as an undocumented student and received in-state tuition. That benefit is now at the center of a federal lawsuit. The Department of Justice filed the complaint in November 2026, making Penn State the target of the DOJ's 27th lawsuit challenging in-state tuition for undocumented students across the country.
What the DOJ Is Arguing
The DOJ says Penn State's policy breaks a federal law that bars states from giving tuition benefits to undocumented students unless those same benefits are available to all U.S. citizens nationwide. Associate Attorney General Stanley E. Woodward, Jr. said the department's goal is to ensure no university policy gives preferential treatment to undocumented students over U.S. citizens. Assistant Attorney General Brett A. Shumate put it plainly: "This university has ignored that mandate."
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The complaint asks a court to block Penn State from enforcing its current in-state tuition policy for undocumented students. It also asks the court to stop the university from creating any new policies that favor undocumented students over U.S. citizens on tuition. The DOJ is not seeking to punish individual students — the lawsuit targets the university's institutional policy.
How This Fits a Broader Pattern
This is not an isolated case. The DOJ has now filed 27 similar lawsuits. Courts in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas — including the Fifth Circuit Court of Appeals — have already issued permanent orders blocking comparable state tuition laws. That track record means the legal risk to Penn State's policy is real, not theoretical.
What to Do
- If you are an undocumented student currently enrolled at Penn State, do not drop out or change your enrollment status based on this lawsuit alone — no court order has been issued yet.
- Contact Penn State's financial aid and student services offices to ask how the university plans to respond to the lawsuit and whether your current tuition rate could change.
- Consult an immigration lawyer to understand how your overall immigration status — including any pending asylum application or DACA renewal — could interact with changes to your enrollment situation.
- Follow official court filings through PACER (the federal court records system) or a trusted immigration news outlet for updates on whether a court issues a temporary or permanent order.
What to do, step by step — see our guide “Appealing to the BIA”.
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Undocumented students at Penn State should understand that a lawsuit being filed is not the same as a court ruling — until a judge issues an injunction, the university's current policy stays in effect. That said, given that six similar lawsuits have already produced permanent court orders in other states, students should prepare for the possibility of a policy change and explore alternative funding sources now. Consult an immigration attorney to make sure any steps you take — such as transferring schools or adjusting your enrollment — do not inadvertently affect a pending immigration application.
Frequently Asked Questions
Does this lawsuit mean I will immediately lose my in-state tuition at Penn State?
No. A lawsuit being filed does not change the university's policy right away. A judge would have to issue a court order — called an injunction — before anything changes. Until that happens, Penn State's current tuition policy remains in effect.
Could this lawsuit affect my immigration status or a pending asylum application?
The lawsuit targets Penn State's tuition policy, not individual students' immigration status. It does not directly affect your asylum application, DACA renewal, or any other immigration case. However, if the policy changes and your financial situation shifts, talk to an immigration attorney to make sure any decisions you make don't create unintended complications.
Which states have already lost similar lawsuits?
Courts have permanently blocked comparable in-state tuition policies in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas. The Fifth Circuit Court of Appeals also issued a favorable order for the government in one of those cases.
What federal law is the DOJ relying on?
The DOJ is citing a federal statute that says states cannot grant tuition benefits to undocumented students unless those exact same benefits are available to all U.S. citizens, regardless of which state they live in. Penn State's policy, which gives in-state rates to Pennsylvania-based undocumented students but not to out-of-state U.S. citizens, is what the DOJ says crosses that line.