Justice Department sues Penn State over in-state tuition policy

The U.S. Department of Justice filed a complaint on Thursday against Penn State, challenging the university's policy of offering in-state tuition rates to certain students in the country without legal status.

Stanley Woodward, a senior official at the Justice Department, stated that the agency is acting to ensure no state law or university policy provides preferential treatment to individuals in the U.S. illegally over American citizens. The federal government contends that federal law bars states from extending these financial benefits to undocumented immigrants, regardless of whether they meet state residency requirements.

Penn State, which enrolled 86,000 students, said in a statement that it was aware of the complaint and was reviewing the legal document.

This lawsuit is part of a wider federal effort that began in 2025. During that period, the administration sued multiple states that had offered similar tuition breaks. Those policies ended in Kentucky, Illinois, Nebraska, Oklahoma, Texas, Kansas, and Florida. More recently, federal challenges have targeted specific institutions, including a suit filed in October against the University of Delaware.

Supporters of these tuition provisions argue the laws do not violate federal statutes if they grant the same rates to U.S. citizens who meet the same residency and high school graduation criteria. They note that many of the affected students were brought to the United States by their parents as children.

The legal action arrives as the nation evaluates how education and immigration policies may change following a recent midterm election defeat for the Republican Party.