DOJ sues University of Delaware over in-state tuition for undocumented students
The Justice Department has filed a lawsuit against the University of Delaware, alleging its policy lets certain undocumented immigrants pay in-state tuition while out-of-state U.S. students pay much higher rates.
The U.S. Department of Justice has taken legal action against the University of Delaware, contending that its tuition structure provides an in-state rate of approximately $15,740 to qualifying undocumented students while charging non-resident Americans about $42,470. The complaint cites a disparity of $26,730 per year and asserts the policy breaches 8 U.S.C. §§1621 and 1623(a), which prohibit state residency-based education benefits for illegal immigrants unless the same benefits are offered to all U.S. citizens regardless of state.
The DOJ describes the university's approach as “preempted twice over” and “blatant unequal treatment.” Associate Attorney General Stanley E. Woodward Jr. emphasized the administration’s commitment to overturn any state law or university rule that gives preferential tuition treatment to illegal aliens. The University of Delaware acknowledged the filing and said it is reviewing the complaint but will not comment further while the case is pending.
Why it matters
The lawsuit could reshape how public universities set tuition rates for undocumented students nationwide.
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