DOJ Sues University of Delaware Over Tuition Policy for Undocumented Students

<p>The U.S. Department of Justice (DOJ) has filed a lawsuit against the University of Delaware regarding a tuition policy that permits certain undocumented immigrants to pay lower in-state tuition rates. In contrast, American students from outside Delaware are charged significantly higher rates.</p><p>The DOJ contends that this policy unlawfully provides undocumented students with financial advantages based on residency that are not available to U.S. citizens. This lawsuit is part of the administration's broader initiative to address immigration-related tuition benefits across the country.</p><p>According to the DOJ, Delaware residents pay approximately $15,740 per academic year, while non-residents face tuition fees of around $42,470, resulting in a difference of approximately $26,730, with non-resident tuition being roughly 2.7 times that of resident tuition.</p><p>The lawsuit alleges that qualifying undocumented immigrants can access the $15,740 resident rate, while U.S. citizens residing outside Delaware are subjected to the higher non-resident rate. The DOJ claims this practice violates federal law by prioritizing the needs of undocumented immigrants over those of U.S. citizens, as stated in the DOJ's press release. The lawsuit challenges the university's policy that allows in-state tuition for undocumented immigrants while denying similar benefits to U.S. citizens.</p><p>The DOJ cites 8 U.S.C. §1623(a), which prohibits immigrants who are not lawfully present from receiving state-residency-based postsecondary education benefits unless U.S. citizens can access those benefits regardless of their state residency. The DOJ argues that the University of Delaware's policy conflicts with this federal law.</p><p>Furthermore, the DOJ asserts that the policy is also unlawful under 8 U.S.C. §1621 because it was established through university policy rather than through an enacted Delaware state law. The DOJ describes the policy as being "preempted twice over" and refers to it as "blatant unequal treatment."</p><p>Stanley E. Woodward Jr., associate attorney general, stated, "This Department of Justice’s efforts will not cease until we have challenged every state law or university policy that gives preferential treatment to illegal aliens over our nation’s own citizens."</p><p>He added, "Congress long ago made clear that states cannot give reduced tuition to illegal aliens not available to all Americans. When a state attorney general allows her own state to violate federal law, this department must step in to enforce it."</p><p>The University of Delaware responded by stating, "The University of Delaware is aware of the complaint filed last week by the U.S. Department of Justice, and we are reviewing it carefully. Because this is a pending legal matter, we will not comment further at this time."</p><p>Fox News Digital has reached out to the Department of Justice for additional comments.</p>