The Department of Justice has sued the University of Delaware, arguing the school's policy that grants in-state tuition to certain undocumented students violates federal law. The filing is the 26th challenge by the Trump administration and the first targeting a university rather than a state. The DOJ seeks an injunction to block the policy, citing a 1996 federal statute and an April 2025 executive order that directed enhanced scrutiny of programs it views as favoring noncitizens. Supporters of in-state tuition argue the policy promotes fairness and economic benefits for communities.
DOJ Sues University of Delaware, Challenging In-State Tuition for Undocumented Students
The Justice Department under Attorney General Todd Blanche is suing the University of Delaware over policies that permit certain undocumented students in-state tuition benefits. File Photo by Bonnie Cash/UPI
The Department of Justice filed a lawsuit Thursday against the University of Delaware, arguing the school's policy that grants in-state tuition to certain undocumented students violates federal law and discriminates against U.S. citizens. The filing is the 26th action by the Trump administration challenging in-state tuition programs for undocumented students and is the first such suit brought against a university rather than a state.
Federal attorneys contend the university's rule gives preferential treatment to noncitizens because out-of-state U.S. citizens are ineligible for the reduced tuition rate that qualifying undocumented students may receive. The DOJ says that such policies run afoul of a 1996 federal statute that limits postsecondary education benefits for undocumented residents unless U.S. citizens are equally eligible regardless of their state of residence.
According to the complaint, the University of Delaware provides in-state tuition to undocumented students who:
- Attended a Delaware high school for at least three years and graduated (or earned an equivalent diploma);
- Lived with a parent or legal guardian while enrolled in the Delaware high school;
- Provide evidence they are pursuing U.S. citizenship or lawful permanent residency; and
- Enroll at the university within 18 months of high school graduation.
The Justice Department is asking the court to enjoin the university and its board of trustees from implementing or enforcing the policy.
"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 the nation's own citizens," Associate Attorney General Stanley Woodward Jr. said in a statement accompanying the filing.
"This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens," Assistant Attorney General Brett Shumate added.
The lawsuit follows an April 2025 executive order from President Donald Trump directing the attorney general to identify and seek to block policies that, in the administration's view, favor "aliens over any groups of American citizens." Supporters of in-state tuition for undocumented students counter that allowing eligible students to pay resident rates can increase tax revenue, create jobs, boost GDP and treat young people who were brought to the United States as children more fairly.
Legal experts say the case could reshape how universities nationwide set residency and tuition policies for undocumented students if the court sides with the DOJ. The University of Delaware has not yet publicly released a response to the complaint; the case will proceed through the federal courts where both factual and legal issues will be litigated.
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