DOJ sues University of Delaware over tuition disparity for undocumented students

The U.S. Department of Justice has filed a lawsuit against the University of Delaware, alleging that the institution's tuition policy violates federal law by granting lower in-state rates to certain undocumented immigrants while charging U.S. citizens from other states significantly higher fees. The Justice Department argues this practice unlawfully provides a residency-based financial benefit to non-citizens that is not equally available to all American citizens.

The complaint details a substantial gap in annual costs for students at the university. According to the DOJ, Delaware residents pay approximately $15,740 per academic year, whereas non-residents are charged roughly $42,470. This creates an annual difference of $26,730, with nonresident tuition standing at approximately 2.7 times the resident rate. The department asserts that qualifying undocumented individuals are permitted to access the lower $15,740 resident rate, while U.S. citizens living outside of Delaware are required to pay the higher nonresident fee.

The lawsuit cites 8 U.S.C. §1623(a), a federal statute prohibiting states from providing postsecondary education benefits based on state residency to immigrants who are not lawfully present unless U.S. citizens can receive the same benefit regardless of their state of residence. The DOJ contends that the University of Delaware's policy conflicts with this requirement by prioritizing the tuition rates of undocumented students over those of out-of-state citizens. Additionally, the department claims the policy is independently unlawful under 8 U.S.C. §1621 because the tuition structure was established through university policy rather than enacted Delaware state law.

Stanley E. Woodward Jr., associate attorney general, stated that the department's enforcement efforts will continue until every state law or university policy offering preferential treatment to undocumented immigrants over U.S. citizens is challenged. He described the policy as "blatant unequal treatment" and noted that it is "preempted twice over" by federal law. Woodward added that Congress has clearly prohibited states from offering reduced tuition to undocumented aliens that is not available to all Americans, asserting that the department must step in when a state allows violations of federal law.

The University of Delaware acknowledged in a statement to Fox News Digital that it is aware of the complaint filed last week and is reviewing it carefully. The university noted that because the matter is pending in legal proceedings, it will not provide further comment at this time. The Department of Justice did not immediately respond to requests for additional comment.