U.S. Justice Department Sues University of Delaware Over Tuition Policy for Undocumented Immigrants

Washington, October 2 (Daily Kiran) : The U.S. Department of Justice has initiated legal action against the University of Delaware concerning its tuition policy. This policy allows certain undocumented immigrants residing in the U.S. to qualify for lower in-state tuition fees, while American citizens from outside Delaware typically pay higher non-resident rates.

This lawsuit marks a continuation of efforts by the Trump administration to contest state and university tuition policies that benefit undocumented students with lower fees typically reserved for local residents.

The Justice Department alleges that the University of Delaware’s policy violates federal law. Officials argue that it provides an unfair advantage in higher education to individuals who are not legally present in the country, a benefit not extended to all American citizens regardless of their state of residence. The court has yet to make a ruling on these allegations.

Stanley E. Woodward Jr., Associate Attorney General, stated, “The Justice Department will not cease until we challenge every state law or university policy that prioritizes undocumented immigrants over our own citizens.” He emphasized that Congress has long made it clear that states cannot offer undocumented immigrants lower tuition rates that are not available to all Americans.

The Justice Department is seeking a federal court order to prevent the implementation of the University’s policy, which allows individuals living in Delaware to receive in-state tuition fees, regardless of their immigration status. Additionally, the government wants the court to stop the university from creating future tuition policies that would similarly benefit individuals based on their immigration status.

Brett A. Shumate, Assistant Attorney General of the Civil Division, remarked, “This is a straightforward issue of federal law. Colleges cannot provide benefits to undocumented immigrants that are not available to U.S. citizens.” He added, “The Justice Department will not tolerate treating American students as second-class citizens in their own country.”

According to the Justice Department, with this latest lawsuit filed on Thursday, the total number of cases challenging such tuition policies has reached 26. These cases involve policies that grant in-state tuition fees to undocumented immigrants.

The department noted that courts in six cases related to Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas have issued rulings in favor of the federal government’s position.

Several other lawsuits are ongoing in states including California, New York, New Jersey, Massachusetts, Virginia, Minnesota, Maryland, Colorado, Connecticut, Vermont, Arizona, New Mexico, Oregon, Washington, and Hawaii.

As of the report’s publication, the University of Delaware had not released a detailed response to the lawsuit on its public statement page. For the 2026-27 academic year, the university has set the tuition fee for some undergraduate programs at $656 per credit hour for Delaware residents, while out-of-state students are charged $1,770 per credit hour. This legal dispute centers around a federal law governing residency-based benefits in higher education.