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

The department argues the policy discriminates against out-of-state citizens, and Penn State says it is reviewing the complaint.

Published Nov 6, 2026 · 11:49 UTC2 reports

The short version

  • The Justice Department sued Penn State on Thursday over its in-state tuition policy for undocumented students.[Al Jazeera · Fox News]
  • The department argues the policy violates federal law by denying the same reduced rates to US citizens living outside Pennsylvania.[Al Jazeera · Fox News]
  • The department seeks a court order ending the in-state rates and blocking similar future policies, and Penn State says it is reviewing the complaint.[Al Jazeera · Fox News]
  • The filing is the department's 27th such lawsuit, and it says six earlier cases produced favorable orders for the federal government.[Al Jazeera · Fox News]

Key facts

  • The Justice Department sued Pennsylvania State University on Thursday over its in-state tuition policy for undocumented students.[Al Jazeera · Fox News]
  • The department argues the policy discriminates against US citizens living outside Pennsylvania, who are not eligible for the same reduced rate.[Al Jazeera · Fox News]
  • Assistant Attorney General Brett Shumate said Congress bars states and public institutions from granting such tuition benefits to undocumented people unless all US citizens receive them.[Al Jazeera · Fox News]
  • The department seeks a court order blocking in-state rates for undocumented students and future policies that favor them over citizens.[Al Jazeera · Fox News]
  • The filing is the department's 27th lawsuit challenging such policies, and six earlier cases produced favorable orders for the federal government.[Al Jazeera · Fox News]
  • Penn State said it is aware of the complaint and is reviewing it.[Al Jazeera]

What remains uncertain

  • Whether a court will grant the requested order is unknown, and no ruling in this case is reported.[Al Jazeera · Fox News]
  • The department's claims are allegations that have not been tested in court, and the reporting does not include a substantive response from Penn State.[Al Jazeera · Fox News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.