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DOJ sues Penn State over in-state tuition for undocumented students

The suit says Penn State’s policy violates federal law by giving some undocumented students lower tuition based on Pennsylvania residency.

  • On Thursday, the Justice Department filed a lawsuit against Penn State University challenging its in-state tuition policy for undocumented students. The university, which has 86,000 students, now faces federal litigation.
  • This legal action is part of a sweeping crackdown by President Donald Trump's administration, which has filed 27 lawsuits since early 2025 challenging tuition breaks for undocumented immigrants at states and universities.
  • Under university policy, undocumented students must attend an accredited Pennsylvania high school for at least four years to qualify. The DOJ alleges this violates the Constitution's Supremacy Law, which it says 'perversely rewards illegal aliens' violation of federal law.'
  • A Penn State spokesperson said the university is currently reviewing the complaint. Supporters argue the policy does not violate federal law if it provides the same rates to American citizens meeting Pennsylvania residency requirements.
  • While lawsuits have ended tuition policies in Kentucky, Illinois, and Texas, courts have occasionally sided with universities. A federal judge dismissed the DOJ's lawsuit against Minnesota, ruling the department misinterpreted the law.
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The Toronto StarThe Toronto Star
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Trump administration sues Penn State over in-state tuition for students in the US illegally

The Department of Justice filed a complaint Thursday against Penn State challenging its policy of offering in-state tuition rates to some immigrants in the country illegally, part of a sweeping crackdown by President Donald Trump's administration.

·Toronto, Canada
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The Trump Administration questions a policy that allows undocumented students to access university fees reserved for state residents, while U.S. citizens from other jurisdictions do not receive the same benefit.

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WJAC broke the news on Thursday, November 5, 2026.
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