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DOJ sues Penn State over in-state tuition policy

Published 6 November 2026

The U.S. Department of Justice sued Pennsylvania State University on November 5, alleging its tuition policy violates federal law by allowing some undocumented Pennsylvania residents to pay in-state rates unavailable to out-of-state U.S. citizens. The case has not been decided, and the university’s response to the allegations has not been reported beyond saying it is reviewing the complaint. The department’s complaint says federal law bars public universities from offering undocumented students a reduced rate based on state residence unless the same benefit is available to all U.S. citizens, regardless of where they live. It alleges Penn State’s policy fails that condition because citizens from outside Pennsylvania cannot receive the same rate. The allegation is drawn from the government’s complaint, not an independent determination of how the policy operates. The Justice Department asks a federal court to stop Penn State from applying the challenged policy and from adopting future tuition rules that provide undocumented students benefits unavailable to all U.S. citizens. The court has yet to rule on the request or the underlying legal dispute. Penn State admissions guidance...

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