The U.S. Department of Justice filed a lawsuit against Pennsylvania State University on Nov. 5, alleging that the university violated federal law by providing in-state undocumented students with tuition rates that weren't available for out-of-state U.S. students.
It isn't the first time the Trump Administration has filed this kind of lawsuit. There have been nearly 30 lawsuits against states and schools over laws and policies allowing undocumented immigrants access to in-state tuition rates. In a few cases, agreements have been reached, or judges have ruled that those laws can't be enforced.
Here's what we know about the lawsuit against Penn State.
Department of Justice sues Penn State over undocumented student tuition policy
In a press release published to its website on Nov. 5, the Department of Justice alleged that Pennsylvania
State University's policy on tuition rates for in-state undocumented students "unconstitutionally discriminates against U.S. citizens who are not afforded the same reduced tuition rate, in direct conflict with federal law."
"The Department of Justice today continues its efforts to ensure that no state law or university policy gives preferential treatment to illegal aliens over our nation’s own citizens," said Associate Attorney General Stanley E. Woodward, Jr. "Congress long ago made clear that states, through their public universities, cannot give reduced tuition to illegal aliens not available to all Americans."
The lawsuit seeks to prevent Penn State from providing undocumented students in Pennsylvania with in-state tuition rates "regardless of whether those undocumented students are lawfully present in the United States," according to the DOJ. It also seeks to prevent Penn State from creating any new tuition policies that may provide undocumented students with benefits that aren't available to students who are U.S. citizens.
What is the tuition rate at Penn State?
In the 2025-2026 school year, the tuition rate at Penn State's main campus, University Park, was $20,468 per academic year for freshmen and sophomores who lived in Pennsylvania, according to the school's website. For freshmen and sophomores who lived out of state, the rate was $42,860.
An in-state Master of Business Administration was $31,718 per academic year, while an out-of-state MBA was $53,660.
How many lawsuits has the Department of Justice filed over tuition for undocumented students?
The Department of Justice has filed a total of 27 lawsuits challenging in-state tuition policies for undocumented students, according to their website. A handful of those lawsuits have reached a conclusion. In 2025, Texas Attorney General Ken Paxton reached an agreement with the DOJ to stop providing in-state tuition to undocumented students, with Oklahoma Attorney General Genter Drummond reaching a similar agreement the same year.
This year, Kentucky reached a similar agreement, though the ruling was appealed by Mexican American Legal Defense and Educational Fund, a Latino civil rights organization. In June, a federal judge barred the enforcement of a Nebraska law that allowed some undocumented students access to in-state tuition rates, Nebraska Examiner reported. A federal district court ruled in July that Illinois' in-state tuition law that allowed undocumented students access to in-state tuition was unlawful, according to University of Illinois' website. And in September, a U.S. District Court judge forbid the enforcement of a Kansas law allowing some undocumented students the ability to pay in-state tuition rates, Kansas Reflector reported.
Finch Walker is the Pittsburgh Connect Reporter for the USA TODAY Network. Contact Walker at FWalker@usatodayco.com. Instagram: @finchwalker_. X: @_finchwalker.
This article originally appeared on USA TODAY: DOJ sues Penn State over undocumented student tuition, fees
