Justice Department Sues University of Delaware Over Tuition Policy
The U.S. Department of Justice sued the University of Delaware for allegedly granting in-state tuition to undocumented immigrants while denying it to non-resident U.S. citizens.
The United States Department of Justice sued the University of Delaware, alleging the institution's tuition policy illegally grants in-state rates to undocumented immigrants while denying the same benefit to U.S. citizens from other states. Under the challenged policy, qualifying non-citizens who attended a Delaware high school pay approximately $15,740 per year, while non-resident U.S. citizens are charged $42,470.
The lawsuit argues this disparity violates 8 U.S.C. §1623(a), which prohibits residency-based postsecondary benefits for immigrants not lawfully present unless those benefits are available to all U.S. citizens regardless of residency. The department further claims the policy is unlawful under 8 U.S.C. §1621 because it was established by university policy rather than state law. This action marks the 26th such lawsuit filed by the Trump administration's Department of Justice.
University of Delaware officials stated they are reviewing the complaint but declined further comment on the pending legal matter. Department officials characterized the suit as part of a broader effort to ensure federal law is enforced when state attorneys general allow violations to persist.
