DOJ Sues Delaware University Over In-State Tuition to Illegal Immigrants

The Department of Justice (DOJ) has filed a lawsuit against the University of Delaware for allegedly providing in-state tuition benefits to illegal immigrants while denying the same benefits to out-of-state U.S. citizens.

The university charges separate tuition rates based on the student’s resident status, with Delaware residents charged lower than students coming from other states. The DOJ took issue with the university allegedly allowing illegal immigrant students living in the state to be classified as residents, thus enabling them to qualify for the lower tuition.

For the University of Delaware 2026–2027 undergraduate program, the tuition fee for one year is $15,740 for Delaware residents and $42,470 for non-residents.

The Oct. 1 lawsuit, filed in the District Court for the District of Delaware, criticized Section VII of the university’s residency policy, which concerns non-citizens seeking to attend the institution.

According to Section VII, non-citizen students may qualify for in-state tuition fees if they meet certain conditions, such as having attended a Delaware high school for three years and residing with parents while attending the school.

When non-citizen students pay lower tuition fees, it constitutes “blatant unequal treatment favoring illegal aliens over U.S. citizens,” the DOJ said in the complaint.

The lawsuit charged the university with two counts of violating the Supremacy Clause, which clarifies that, in general, federal law takes precedence over conflicting state laws.

Specifically, the lawsuit alleged a violation of Title 8, U.S. Code Section 1623, which bans an person not lawfully present in the United States from being eligible for postsecondary education benefits on the basis of residence within a state, unless a U.S. citizen is eligible for the same benefits regardless of their state residency.

The complaint also alleged violation of Title 8, U.S. Code Section 1621, which clarifies that certain non-citizens are ineligible for state or local public benefits.

The lawsuit claims that Section VII of the university’s residency policy is preempted and unconstitutional. The DOJ asked the court to declare that Section VII violates the Supremacy Clause and issue a permanent injunction banning defendants and others from enforcing its provisions. In addition to the University of Delaware, the institution’s board of trustees is also a defendant in the case.

In an Oct. 1 statement, the DOJ said that it was prioritizing holding higher education institutions accountable for elevating illegal immigrants above U.S. citizens.

“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,” Associate Attorney General Stanley E. Woodward Jr. said in the statement.

“Congress long ago made clear that states cannot give reduced tuition to illegal aliens not available to all Americans,” Woodward added.

The Epoch Times reached out to the University of Delaware for comment but did not receive a response by publication time.

The university said in an Oct. 1 statement that it was aware of the DOJ complaint and was reviewing it. “Because this is a pending legal matter, we will not comment further at this time,” the university said.

Lawsuits Against States

In the lawsuit, the court ruled that Illinois’ in-state tuition benefits as applied to illegal immigrants were in violation of the Supremacy Clause and were “unconstitutional and invalid.

The Mexican American Legal Defense and Educational Fund criticized this action in a Sept. 11 statement. Thomas A. Saenz, President and General Counsel of the group, called it a “coordinated attack on the rights of young immigrants [that] is unprecedented and unwarranted.”

Miriam Feldblum, CEO of the Presidents’ Alliance on Higher Education and Immigration, said in the statement that “federal law does not categorically prohibit states from extending in-state tuition to undocumented students.”

“The administration’s sweeping effort to shut off higher education access and affordability to Dreamers defies all educational, economic, and common sense,” Feldblum said. “Dreamers” refer to legal and illegal immigrants who were brought into the country as children, with those who were brought in legally being at risk of aging out of dependent visa categories.

According to the latest DOJ statement, a total of 26 lawsuits challenging similar provisions have been filed. In addition to Illinois, the DOJ succeeded in getting favorable court orders in Texas, Kentucky, Oklahoma, Nebraska, and Kansas.

Lawsuits are pending against New Mexico, California, New Jersey, Massachusetts, the District of Columbia, Minnesota, Virginia, Maryland, Colorado, New York, Connecticut, Arkansas, Vermont, Arizona, Utah, Hawaii, Rhode Island, Oregon, and Washington State.