Trump Administration Sues University of Delaware Over Tuition Policy Favoring Undocumented Immigrants

The Trump administration has filed a lawsuit against the University of Delaware, challenging a tuition policy that allegedly allows undocumented immigrants to pay lower in-state rates while charging U.S. citizens from outside the state significantly higher tuition.

The Justice Department contends that this policy provides a financial benefit based on residency to individuals who are not lawfully present, which is not extended on the same terms to U.S. citizens. This action marks the latest move in the administration's efforts to challenge tuition benefits for undocumented immigrants.

According to the DOJ, the University of Delaware charges its residents approximately $15,740 per academic year. In contrast, non-residents, including U.S. citizens from outside Delaware, face tuition costs of approximately $42,470 annually, creating a difference of $26,730 and making nonresident tuition about 2.7 times the resident rate.

The lawsuit asserts that the university is in violation of federal law by prioritizing the needs of undocumented immigrants over those of U.S. citizens. The policy in question allows qualifying undocumented immigrants to access the $15,740 resident tuition rate, while U.S. citizens residing outside of Delaware are subject to the higher $42,470 rate.

The Justice Department is citing 8 U.S.C. §1623(a), which stipulates that an immigrant not lawfully present cannot receive a state-residency-based postsecondary education benefit unless U.S. citizens are eligible for that same benefit regardless of their state residency. The DOJ argues that the University of Delaware's policy conflicts with this federal statute.

Furthermore, the department claims the policy is independently unlawful under 8 U.S.C. §1621 because the tuition benefit was established through university policy rather than through enacted Delaware state law. The DOJ described the policy as "preempted twice over" and characterized it as "blatant unequal treatment."

"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," said Stanley E. Woodward Jr., associate attorney general, in a statement. "Congress long ago made clear that states cannot give reduced tuition to illegal aliens not available to all Americans. When a state attorney general allows her own state to violate federal law, this department must step in to enforce it."

The University of Delaware acknowledged the lawsuit, stating in a comment to Fox News Digital, "The University of Delaware is aware of the complaint filed last week by the U.S. Department of Justice, and we are reviewing it carefully. Because this is a pending legal matter, we will not comment further at this time."