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Trump admin sues Penn State over in-state tuition policy for undocumented migrants
By Landon Mion
Published November 06, 2026
The Trump administration is suing Pennsylvania State University over a policy that allegedly allows undocumented migrant students to qualify for in-state tuition.
In a lawsuit filed on Thursday, the Justice Department argued that in-state tuition for undocumented migrants discriminates against U.S. citizens because U.S. citizens living outside Pennsylvania are not eligible for the same reduced tuition rate.
"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," Assistant Attorney General Brett A. Shumate of the DOJ's Civil Division said in a statement.
"This university has ignored that mandate. The Department will continue to challenge policies that unlawfully disadvantage American citizens," he continued.
JUSTICE DEPARTMENT SUES COLORADO OVER IN-STATE TUITION AND FINANCIAL AID FOR ILLEGAL IMMIGRANTS
The Trump administration is suing Pennsylvania State University over a policy that allegedly allows undocumented migrant students to be eligible for in-state tuition. (Getty Images)
The DOJ accused the university of violating federal law by "prioritizing the needs of illegal aliens over U.S. citizens in defiance of Congress’s commands."
Penn State's policy "unconstitutionally" discriminates against U.S. citizens who are not afforded the same reduced tuition rate as undocumented students, the department said.
The department seeks to enjoin the university from enforcing its policy that provides undocumented students, including illegal migrants who live in Pennsylvania, with in-state tuition rates, regardless of whether the students are lawfully in the U.S.
The Justice Department argued that in-state tuition for undocumented migrants discriminates against U.S. citizens. (Kevin Carter/Getty Images)
The complaint also aims to enjoin the institution from adopting any new tuition policies that favor undocumented students over U.S. citizens.
According to Penn State's website, undocumented students with or without Deferred Action for Childhood Arrivals (DACA) status may be eligible for in-state tuition if they meet certain residency requirements.
"These requirements include attending an accredited Pennsylvania high school for at least four years and graduating from an accredited Pennsylvania high school or receiving a Pennsylvania General Educational Development (GED) certificate," the school's website reads.
FOX News Digital has reached out to the university for comment on the DOJ's lawsuit.
The DOJ accused the university of violating federal law by "prioritizing the needs of illegal aliens over U.S. citizens in defiance of Congress’s commands." (ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)
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Thursday's lawsuit brings the DOJ's total to 27 lawsuits challenging in-state tuition for illegal migrants, including six lawsuits in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas that have resulted in favorable orders for the federal government.
"The Department of Justice today continues its efforts to ensure that no state law or university policy gives preferential treatment to illegal aliens over our Nation’s own citizens," Associate Attorney General Stanley E. Woodward, Jr. said in a statement. "Congress long ago made clear that states, through their public universities, cannot give reduced tuition to illegal aliens not available to all Americans."
https://www.foxnews.com/politics/trump-admin-sues-penn-state-in-state-tuition-policy-undocumented-migrants