Justice Department sues University of Delaware over in-state tuition for undocumented students

The U.S. Department of Justice filed a lawsuit against the University of Delaware on October 1, 2026, challenging its policy of offering in-state tuition to undocumented students. The DOJ argues the policy violates federal immigration law by favoring noncitizens over U.S. citizens, who pay higher out-of-state rates. The university, which charges residents $15,740 and nonresidents $42,470, is reviewing the complaint. This marks the DOJ's 26th challenge in a nationwide campaign against such tuition policies.

Lawsuit details and University response

• ▪The Department of Justice seeks a permanent injunction to block the University of Delaware from enforcing its current in-state tuition policy for undocumented students or establishing new policies that favor noncitizens over U.S. citizens.
• ▪The United States Department of Justice filed a lawsuit against the University of Delaware and its board of trustees on October 1, 2026, in the U.S. District Court for the District of Delaware.
• ▪The University of Delaware stated on October 2, 2026, that it is reviewing the Department of Justice's complaint carefully but will not comment further due to the pending legal matter.

Legal arguments against the policy

• ▪The Department of Justice contends that the University of Delaware cannot authorize these tuition benefits through institutional policy because federal law requires an enacted state law to grant such benefits.
• ▪The Department of Justice argues that the University of Delaware's policy violates Section 1623 of federal immigration law, which restricts residency-based higher education benefits for unlawfully present individuals unless U.S. citizens receive the same benefits.

University of Delaware tuition structure

• ▪For the 2026-27 academic year, the University of Delaware lists undergraduate tuition at $15,740 for Delaware residents and $42,470 for nonresidents, representing an annual difference of $26,730.
• ▪Under University of Delaware policy, undocumented students qualify for in-state tuition by meeting criteria including three years of Delaware high school attendance, graduation, and applying for U.S. citizenship or permanent residency.
• ▪The University of Delaware's admissions guidance allows undocumented students to apply as U.S. residents, while international students pay the same tuition rates as U.S. citizens living outside Delaware.

Federal challenges to tuition policies

• ▪The Department of Justice has secured permanent injunctions against similar in-state tuition policies for undocumented students in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas.
• ▪The Department of Justice's October 1, 2026 lawsuit against the University of Delaware is the agency's 26th challenge to in-state tuition policies and the first targeting an individual university.
• ▪The Department of Justice filed lawsuits on September 10, 2026, against Hawaii, Arkansas, Utah, and the District of Columbia, with other challenges pending in California, New York, New Jersey, Virginia, Maryland, and Minnesota.

Debatable claims

• ▪Public universities should offer in-state tuition to undocumented students
• ▪Public universities lack the authority to offer tuition benefits to undocumented students without state legislative approval
• ▪The DOJ's lawsuits against individual universities over tuition policies are justified
• ▪Federal law is the appropriate authority to regulate higher education benefits for undocumented immigrants