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DOJ Sues University of Del. over Immigrant in-State Tuition Policies
Federal lawyers say the policy gives lower tuition to undocumented students while 26 similar Trump administration challenges have targeted state and university programs.
On Thursday, the Justice Department filed its 26th lawsuit targeting in-state tuition policies, challenging the University of Delaware in the first DOJ case against a university rather than a state government.
Federal lawyers are targeting these benefits following an April 2025 executive order from President Donald Trump directing the attorney general to stop policies that "favor aliens over any groups of American citizens." The Trump administration claims such policies violate a 1996 federal law.
Associate Attorney General Stanley Woodward said "Congress long ago made clear that states cannot give reduced tuition to illegal aliens not available to all Americans." Assistant Attorney General Brett Shumate stated the DOJ will not tolerate American students being treated like second-class citizens.
These federal lawsuits have already ended in-state tuition for undocumented students in Kansas, Kentucky, Illinois, Nebraska, Oklahoma and Texas, impacting an estimated 180,000 students. At least 220,000 other undocumented students live in states where litigation is ongoing, according to data from the Higher Education Immigration Portal.
Thomas Saenz, president of MALDEF, described the lawsuits as a "nationwide campaign and assault" on student rights. Advocates are considering petitioning the Supreme Court to resolve the issue as litigation expands across the United States.