Justice Department Sues University of Delaware Over In-State Tuition Policy

The U.S. Department of Justice filed a lawsuit on October 1, 2026, against the University of Delaware, challenging the institution's policy of granting in-state tuition rates to undocumented immigrants residing in the state while denying the same rates to certain U.S. citizens.

According to the complaint, the Justice Department argues that the university's policy violates federal law and unconstitutionally discriminates against U.S. citizens from out of state who are not afforded reduced tuition rates. The federal government is seeking an injunction to prevent the university from enforcing its current tuition policy for individuals not lawfully present in the United States, as well as an order barring the enactment of any new policies that provide similar benefits.

Justice Department officials stated that federal statutes prohibit states and higher education institutions from providing benefits to undocumented immigrants that are not made available to all U.S. citizens. Associate Attorney General Stanley E. Woodward Jr. and Assistant Attorney General Brett A. Shumate of the Civil Division emphasized the department's position that colleges must adhere to federal standards regarding tuition benefits.

According to the press release, the action against the University of Delaware marks the 26th lawsuit filed by the Department of Justice regarding in-state tuition policies. The department noted that prior lawsuits in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas resulted in court orders enjoining similar policies, including a ruling from the Fifth Circuit Court of Appeals. Additional lawsuits concerning similar tuition policies remain pending in more than 20 other states and the District of Columbia.

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