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NewsWPLG Local 10November 5, 2026Miami-Dade County

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

Photo: WPLG Local 10

The U.S. Department of Justice filed a lawsuit against Penn State on Thursday challenging its policy that offers in-state tuition rates to certain undocumented immigrant students. The federal government argues that federal law prohibits states from providing preferential tuition benefits to unauthorized immigrants over U.S. citizens.

EducationImmigrationHigher EducationLegal Disputes
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Why It Matters

The outcome of the lawsuit could force Penn State — an institution with 86,000 students — to alter its tuition policies, potentially affecting the cost of attendance for affected students and influencing similar policies at other universities nationwide.

Key Facts

  • The Department of Justice filed a complaint against Penn State on Thursday.
  • The lawsuit challenges Penn State's policy of offering in-state tuition rates to some immigrants in the country illegally.
  • Penn State serves an enrollment of 86,000 students.
  • The federal government argues that federal law prevents states from providing preferential benefits to immigrants in the U.S. illegally regardless of residency requirements.
  • Similar federal lawsuits previously led to the end of tuition break policies in states including Kentucky, Illinois, Nebraska, Oklahoma, Texas, Kansas, and Florida.
  • A recent challenge was also filed last month against the University of Delaware.
  • Supporters of the tuition breaks argue the policies do not violate federal law if they provide the same rates to U.S. citizens who are state residents and high school graduates.

Who's Mentioned

OrganizationPenn State“University facing a Department of Justice lawsuit over in-state tuition policy.”locationKentucky“State where tuition break policies ended following federal lawsuits.”locationKansas“State where tuition break policies ended following federal lawsuits.”locationNebraska“State where tuition break policies ended following federal lawsuits.”OrganizationAssociated Press“News organization reporting the article.”locationIllinois“State where tuition break policies ended following federal lawsuits.”locationOklahoma“State where tuition break policies defended or ended.”locationFlorida“State where tuition break policies ended following federal lawsuits.”OrganizationUniversity of Delaware“Individual school targeted in a separate lawsuit filed last month.”locationTexas“State where tuition break policies ended following federal lawsuits.”PersonDonald Trump“President whose administration is leading the crackdown on in-state tuition poli”PersonStanley Woodward“Top Justice Department official quoted in the news release.”OrganizationDepartment of Justice“Federal agency that filed the complaint against Penn State.”