University of Delaware sued by DOJ over tuition policy

The U.S. Department of Justice has filed a lawsuit against the University of Delaware, alleging the institution's tuition policy violates federal law by granting in-state tuition rates to certain undocumented immigrants while charging U.S. citizens from other states significantly higher non-resident rates.

According to the complaint, Delaware residents pay approximately $15,740 per year, whereas non-residents are charged roughly $42,470. The DOJ argues that qualifying undocumented students who attended Delaware high schools can access the lower resident rate, creating a financial disparity where out-of-state Americans pay a premium of over $26,000 annually.

The Justice Department contends the policy violates 8 U.S.C. §1623(a), which prohibits state-residency-based postsecondary education benefits for immigrants who are not lawfully present unless such benefits are available to all U.S. citizens regardless of their state of residence. The DOJ also alleges the benefit is unlawful under 8 U.S.C. §1621 because it was established through university policy rather than state law.

Associate Attorney General Stanley Woodward Jr. stated the department will continue to challenge policies that give preferential treatment to undocumented immigrants over U.S. citizens. The University of Delaware has acknowledged the complaint and is currently reviewing the matter.