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DOJ Sues University of Delaware Over In-State Tuition for Undocumented Students
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Lawsuit Over Tuition Policy
The U.S. Department of Justice has filed a lawsuit against the University of Delaware, alleging that the school’s policy allowing certain undocumented immigrants to pay in-state tuition rates violates federal law. §§ 1621 and 1623(a). The Justice Department contends that the university’s practice conflicts with statutes that prohibit residency-based education benefits for non-lawful immigrants unless the same benefits are available to U.S. citizens regardless of state residency.
Tuition Disparities Highlighted
The Justice Department’s filing cites the university’s posted tuition figures: Delaware residents are charged approximately $15,740 per academic year, while students who are not Delaware residents—including U.S. citizens from other states—pay roughly $42,470. The complaint describes the gap as a $26,730 annual difference, with non-resident tuition about 2.7 times the resident rate. The department argues that extending the resident rate to undocumented students while withholding it from out-of-state U.S. citizens constitutes “blatant unequal treatment.”
Official Statements & Responses
Associate Attorney General Stanley E. Woodward Jr. said the Justice Department will continue to challenge any state law or university policy that provides benefits to undocumented immigrants not available to U.S. citizens.
Why It Matters
The lawsuit places the University of Delaware among several states targeted by the Trump administration’s broader effort to eliminate tuition benefits for undocumented students. If successful, the case could set a precedent limiting state-level residency policies that differentiate tuition based on immigration status, potentially affecting enrollment and financial aid structures at public colleges nationwide.
Verbatim Quotes
- “This Department of Justice’s efforts will not cease until we have challenged every state law or university policy that gives preferential treatment to illegal aliens over our nation’s own citizens,” — Stanley E. Woodward Jr