Justice Department Sues Penn State Over In-State Tuition for Illegal Aliens

The Department of Justice on Thursday sued Pennsylvania State University and its Board of Trustees, challenging a policy that allows undocumented students who meet certain Pennsylvania residency criteria to receive in-state tuition rates. The complaint argues the policy violates 8 U.S.C. § 1623(a), which prohibits states and public institutions from providing postsecondary education benefits based on residence to illegal aliens unless the same benefits are available to all U.S. citizens, regardless of residence.

Associate Attorney General Stanley E. Woodward Jr. said the department is ensuring “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 added that Congress made a deliberate choice against such preferences. The suit seeks a permanent injunction against the policy and any similar future measures.

In-state undergraduate tuition at Penn State starts at approximately $41,772, while non-resident rates begin at roughly $65,468. This is the 27th lawsuit the Justice Department has brought challenging in-state tuition benefits for illegal aliens. Several earlier cases in other states have produced favorable orders for the government. A Penn State spokesperson said the university is reviewing the complaint.

The filing cites President Trump’s Executive Order 14218 on ending taxpayer subsidization of open borders. Federal law contains no exceptions for residency-based benefits limited to illegal aliens while withheld from out-of-state citizens.