DOJ sues University of Delaware over in-state tuition for undocumented students

Key points

• The complaint challenges Section VII of the University of Delaware's Student Residency Policy under federal immigration preemption provisions.U.S. District Court for the District of DelawareBorder Report
• The complaint cites annual tuition of about $15,740 for Delaware residents and $42,470 for nonresidents, a gap of $26,730.U.S. District Court for the District of DelawareBorder Report
• The Justice Department said the suit is its 26th challenging in-state tuition for people without lawful immigration status.U.S. Department of JusticeInside Higher Ed
• A second count says the benefit violates 8 U.S.C. 1621(d) because it rests on a university policy, not an enacted state law.U.S. District Court for the District of DelawareBorder Report
• The government seeks a declaratory judgment and a permanent injunction barring enforcement of Section VII or any similar later policy.U.S. District Court for the District of Delaware

Sources4 articles across 4 outlets

• Border Report

  • DOJ expands tuition crackdown with University of Delaware lawsuit; New Mexico case remains pendingOct. 2, 2026

• Inside Higher Ed

  • U of Delaware Sued for Offering Noncitizens In-State TuitionOct. 2, 2026

• U.S. Department of Justice

  • The Department of Justice Files Complaint Against the University of Delaware Challenging Policies that Provide In-State Tuition to Illegal AliensOct. 1, 2026

• U.S. District Court for the District of Delaware

  • Complaint: United States of America v. University of Delaware et al.Oct. 1, 2026

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