U.S. Department of Justice sues university and state over migrant tuition

The U.S. Department of Justice has filed lawsuits against the University of Delaware and the state of Oregon, challenging policies that grant in-state tuition rates to undocumented immigrants.

In the case against the University of Delaware, the Justice Department alleges the policy violates federal law by providing post-secondary education benefits to individuals not lawfully present in the U.S. without offering the same benefit to all U.S. citizens regardless of their state of residence. Associate Attorney General Stanley E. Woodward Jr. stated that the department will continue to challenge policies that provide preferential treatment to undocumented individuals over citizens.

Separately, the DOJ sued Oregon regarding its Tuition Equity program, which allows undocumented students to pay the same tuition rates as in-state residents. The lawsuit claims this program conflicts with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Advocates suggest that if these policies are overturned, it could lead to decreased enrollment and a loss of support services for undocumented and DACA students.