Department of Justice Files Complaint Against the University of Delaware Challenging In-State Tuition for Undocumented Residents
Press release on October 1, 2026
"Today, the Department of Justice filed a lawsuit against the University of Delaware for violating federal law by prioritizing the needs of illegal aliens over U.S. citizens in defiance of Congress’s commands. The Department is challenging the University of Delaware’s policy which grants in-state tuition for illegal aliens while denying reduced tuition to U.S. citizens. This policy unconstitutionally discriminates against U.S. citizens who are not afforded the same reduced tuition rate, which is in direct conflict with federal law.
****
In the complaint, the United States seeks to enjoin the University of Delaware from enforcing its policy that provides aliens who reside in Delaware with in-state tuition rates, regardless of whether those aliens are lawfully present in the United States. Additionally, the complaint seeks to enjoin the University of Delaware from enacting any new tuition policies that favor illegal aliens over U.S. citizens.
Today’s lawsuit brings the Department’s total to 26 lawsuits challenging in-state tuition for illegal aliens. Under the leadership of Attorney General Todd Blanche, the Department’s efforts have delivered numerous wins for the American people, as six lawsuits in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas have resulted in favorable orders permanently enjoining and declaring unconstitutional similar laws which gave reduced tuition to illegal aliens including an order from the Fifth Circuit.
Lawsuits against other states that are also violating federal law by putting illegal aliens ahead of U.S. citizens are pending across the country including Minnesota, Virginia, California, New Jersey, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, Vermont, Arizona, New Mexico, Oregon, Washington, Hawaii, the District of Columbia, Arkansas, and Utah." (bold added).
