Justice Department sues Penn State over in-state tuition for some students without legal immigration status

The U.S. Justice Department sued Pennsylvania State University and its Board of Trustees on Thursday, Nov. 5, 2026, in the U.S. District Court for the Middle District of Pennsylvania, alleging that the university’s policy allowing some students without legal immigration status to pay in-state tuition is preempted by federal law.¹²

The case, No. 4:26-cv-03279, is assigned to U.S. District Judge Matthew W. Brann, the docket shows.²

A Penn State spokesperson said the university was aware of the complaint and was reviewing it, The Associated Press and Al Jazeera reported.³⁴

What the complaint alleges

The complaint cites a Penn State webpage saying students “with or without DACA” can qualify for in-state tuition if they meet the university’s residency requirements. According to the complaint, those requirements include at least four years at an accredited Pennsylvania high school plus a diploma from one or a Pennsylvania GED certificate. The complaint asserts that the criteria do not require lawful presence in the United States.¹

The government asserts two claims, both under the Constitution’s Supremacy Clause. The first alleges the policy conflicts with 8 U.S.C. 1623, a 1996 law that bars people not lawfully present from receiving postsecondary education benefits based on state residence unless U.S. citizens are eligible for the same benefit regardless of where they live. The second alleges the policy conflicts with 8 U.S.C. 1621, which the complaint says allows such eligibility for state or local public benefits only through an enacted state law, not a university policy.¹

These are the government’s allegations. The court has not ruled on them.²

What the government is asking for

• A declaration that the policy is preempted under each of the two claims.
• A permanent injunction barring Penn State, its trustees and employees from enforcing the policy or any similar policy in the future.
• Its costs and fees, and any other relief the court considers appropriate.¹

In its announcement, the department quoted Associate Attorney General Stanley E. Woodward Jr. as saying the department was working to ensure that “no state law or university policy gives preferential treatment to illegal aliens over our Nation’s own citizens.” Assistant Attorney General Brett A. Shumate of the Civil Division said, “This university has ignored that mandate.”⁵

Supporters of such policies

The AP reported that supporters of such tuition policies argue they comply with federal law because U.S. citizens in the same circumstances, as state residents who graduated from one of its high schools, get the same rates. The AP and Al Jazeera reported that many of the affected students were brought to the United States as children.³⁴

Similar suits in 2026

The department said the Penn State case is its 27th lawsuit challenging in-state tuition for people in the country illegally. It said suits involving Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas have produced orders permanently blocking similar laws, including one from the 5th U.S. Circuit Court of Appeals.⁵

On Aug. 27, the department announced suits against Arizona, New Mexico, Oregon and Washington, bringing its total to 21.⁶

On Oct. 1, it announced its 26th suit, against the University of Delaware. That release said suits were pending in places including Minnesota, Virginia, California, New Jersey, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, Vermont, Arizona, New Mexico, Oregon, Washington, Hawaii, the District of Columbia, Arkansas and Utah.⁷

The AP reported that such policies have ended in places including Kentucky, Illinois, Nebraska, Oklahoma, Texas, Kansas and Florida since the administration began suing in 2025.³

What the records do not show

• Neither the complaint nor the department’s announcement says how many Penn State students pay in-state tuition under the policy, and the reporting reviewed does not give a number.¹⁵³
• As of its last update Nov. 5, the CourtListener docket listed only the complaint and summonses, with no answer or other response from Penn State and no hearing date.²
• The Oct. 1 release does not give the status of each pending case.⁷