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The Trump administration has initiated legal action against the University of Delaware, challenging its policy of offering in-state tuition rates to undocumented students. On Thursday (October 1), the U.S. Department of Justice (DOJ) filed the lawsuit, marking the 26th time the DOJ has targeted such policies, but the first against an individual institution rather than a state or municipal government.
The lawsuit argues that the university's policy violates federal law by providing benefits to undocumented students that are not available to out-of-state U.S. citizens. The DOJ contends that this practice discriminates against U.S. citizens and incentivizes illegal immigration. According to Delaware Online, the policy allows undocumented students who attended a Delaware high school for at least three years and graduated to qualify for in-state tuition if they are seeking U.S. citizenship or permanent residency.
This lawsuit follows a broader campaign by the Trump administration to challenge similar policies across the United States. Previous cases have led to the end of in-state tuition benefits for undocumented students in several states, including Kansas, Kentucky, and Texas. The administration's stance is based on a 1996 federal law that prohibits undocumented residents from receiving postsecondary education benefits unless U.S. citizens are eligible for the same benefit, regardless of their state of residence.
The University of Delaware responded to the lawsuit by stating they are aware of the complaint and are reviewing it carefully. The case has sparked debate, with advocates arguing that such policies benefit the economy by increasing tax revenue and job creation. They also emphasize the fairness of allowing students brought to the U.S. as children to pay in-state tuition.
The DOJ's lawsuit is part of a larger crackdown on immigration policies under the Trump administration, which includes mass arrests and deportations. UPI reports that the administration's actions are in line with an executive order signed by President Donald Trump in April 2025, directing the attorney general to challenge policies favoring undocumented immigrants over U.S. citizens.