Trump DOJ sues university where illegal immigrants can get $15K tuition rate while some Americans pay $42K (Delaware)

Fox News ^ | 10/05/26 | Rachel del Guidice

[Libloather]

The Trump administration is suing the University of Delaware over a tuition policy that allows certain illegal immigrants to pay lower in-state rates while American students from outside Delaware are charged thousands more.

The Justice Department argues the policy illegally gives undocumented students a financial benefit based on residency that is not offered on the same terms to U.S. citizens, making Delaware the latest target in the administration’s nationwide crackdown on immigration-related tuition benefits.

The DOJ alleges the University of Delaware charges Delaware residents approximately $15,740 per academic year, compared with approximately $42,470 for non-Delaware residents, coming to a $26,730 annual difference, with nonresident tuition roughly 2.7 times resident tuition.

It also alleges qualifying illegal immigrants can receive the $15,740 resident rate while U.S. citizens living outside Delaware are charged the higher rate, holding that the school is breaking federal law by putting the needs of illegal immigrants ahead of U.S. citizens, according to the DOJ’s press release, and is challenging the university’s policy which allows in-state tuition for illegal aliens while withholding reduced tuition to U.S. citizens.

It invokes 8 U.S.C. §1623(a), which says an immigrant who is not lawfully present cannot receive a state-residency-based postsecondary education benefit unless U.S. citizens can receive that benefit regardless of their state residency, and argues UD's policy therefore conflicts with federal law.

Additionally, it says the policy is independently unlawful under 8 U.S.C. §1621 because the benefit was established through university policy rather than an enacted Delaware state law. DOJ describes the policy as being "preempted twice over," and also calls the policy "blatant unequal treatment."

"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," Stanley E. Woodward Jr.,...

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TOPICS: Business/Economy; Conspiracy; Education; Travel
KEYWORDS: americans; illegal; tuition; university

[Libloather]

End it, don't mend it.

[stanne]

Oh. They are ending it.

[SweetWilliamsMom]

Here’s what I don’t understand. Why have these students who paid out of state tuition not sued (class action??) to get back the excess tuition they paid?

[BobL]

“Why have these students who paid out of state tuition not sued (class action??) to get back the excess tuition they paid?”

Same reason that coeds don’t sue when dudes take over their sports - they want to graduate in good standing.

[neverevergiveup]

They would have to have a law firm that would take their fees on contingency. It’s way too expensive to pay lawyers out of your own pocket. Over time the fees would make the tuition seem like a deal.

[BookmanTheJanitor]