[REVISION HISTORY]

US DOJ expands lawsuits against non-citizen tuition benefits

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2026-10-02 06:31 UTC → 2026-10-06 02:21 UTC · added ~~removed~~

The U.S. Department of Justice (DOJ) has continued its legal campaign against state-level policies that grant undocumented immigrants access to in-state tuition, scholarships, and financial aid. The administration argues these policies violate a 1996 federal statute by providing benefits to non-citizens that are unavailable to U.S. citizens living in other states. On September 10, the DOJ filed new lawsuits against Hawaii, Arkansas, Utah, and the District of Columbia. The litigation against the District specifically targets the University of the District of Columbia for tuition rates that favor undocumented residents over out-of-state citizens. Deputy Attorney General Stanley E. Woodward Jr. emphasized the administration’s stance, stating, ‘There will be no more cases where illegal immigrants are placed above U.S. citizens.’ The DOJ noted it has already secured favorable rulings or agreements in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas. By ~~September 30,~~ late September, the DOJ expanded its litigation to include Delaware and Oregon. In ~~Delaware, the government is seeking to block the University of Delaware from enforcing policies that provide post-secondary benefits to individuals not lawfully present. In~~ Oregon, the lawsuit challenges the Tuition Equity program, which allows undocumented students to qualify for resident tuition rates if they meet specific ~~criteria, such as attending an Oregon high school for three years. The~~ criteria. In Delaware, the DOJ ~~contends this program conflicts with~~ filed a complaint against the ~~Illegal Immigration Reform~~ University of Delaware, alleging its policy violates 8 U.S.C. §1623(a) and ~~Immigrant Responsibility Act~~ 8 U.S.C. §1621. The complaint highlights a significant financial disparity, noting that Delaware residents pay approximately $15,740 per year, while non-residents are charged roughly $42,470. The DOJ argues that undocumented students who attended Delaware high schools can access the lower rate, creating a premium of ~~1996.~~ over $26,000 for out-of-state Americans. The University of Delaware is currently reviewing the matter. 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. Numerous other jurisdictions, including California, New York, and Minnesota, remain subject to pending litigation.

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