US sues University of Delaware over in-state tuition for undocumented migrants
Synopsis
The Trump administration has now sued 26 universities and states over in-state tuition for undocumented students — and the University of Delaware is the latest target. With a $1,100-per-credit-hour gap between resident and non-resident rates at stake, and six states already facing court orders against similar policies, this case could accelerate a fundamental reshaping of college tuition eligibility across the US.
Key Takeaways
The US Justice Department sued the University of Delaware on 2 October 2026 over its in-state tuition policy for undocumented immigrants.
This is the 26th such lawsuit filed by the Trump administration challenging similar policies nationwide.
The university charges $656 per credit hour for residents versus $1,770 for non-residents for certain undergraduate programmes in 2026-27 .
Courts have already ruled in the federal government's favour in six states : Texas , Kentucky , Oklahoma , Nebraska , Illinois , and Kansas .
Lawsuits remain pending in 15 other states , including California , New York , and Massachusetts .
The University of Delaware had not issued a public response at the time of this report.
The US Justice Department on 2 October 2026 filed a lawsuit against the University of Delaware, challenging a policy that allows certain immigrants without lawful status to qualify for lower in-state tuition rates while US citizens residing outside Delaware are generally required to pay significantly higher non-resident fees. The case marks the 26th such lawsuit filed by the Trump administration targeting state and university tuition policies that extend resident rates to undocumented students.
What the Lawsuit Alleges
The Justice Department contends that the University of Delaware's policy violates federal law by making a post-secondary education benefit available to individuals not lawfully present in the United States, without extending the same benefit to all US citizens regardless of their state of residence. The complaint asks a federal court to block the university from enforcing the policy and to prevent it from adopting any similar future policies tied to immigration status. The allegations have not yet been adjudicated by a court.
What Officials Said
Associate Attorney General Stanley E. Woodward Jr. said in a statement: '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.' He added that 'Congress long ago made clear that states cannot give reduced tuition to illegal aliens not available to all Americans.'
Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division said: 'This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.' He stated the department 'will not tolerate American students being treated like second-class citizens in their own country.'
The Tuition Gap at the Centre of the Dispute
For the 2026-27 academic year, the University of Delaware lists undergraduate tuition for certain programmes at $656 per credit hour for Delaware residents versus $1,770 per credit hour for non-residents — a gap of more than $1,100 per credit hour. The legal dispute turns on a federal statute governing post-secondary education benefits based on residence, which the Justice Department argues prohibits granting such benefits to undocumented immigrants unless all US citizens are eligible for the same benefit without regard to where they live. The university had not posted a substantive public response to the lawsuit by the time of this report.
A Nationwide Pattern of Litigation
Thursday's filing is part of a broad federal push against in-state tuition policies for undocumented students across the country. According to the Justice Department, six earlier cases — involving Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas — have already resulted in court orders favourable to the federal government's position. Lawsuits in 15 other states, including California, New York, New Jersey, Massachusetts, Virginia, Minnesota, Maryland, Colorado, Connecticut, Vermont, Arizona, New Mexico, Oregon, Washington, and Hawaii, remain pending. This pattern signals a sustained legal strategy to standardise tuition eligibility rules across American higher education through the courts, with implications for institutions in nearly every major state.
What Happens Next
With a federal court now set to consider the complaint, the University of Delaware faces pressure to either defend its policy in litigation or revise it. A ruling in the government's favour could force the university to restructure its admissions and financial policies, potentially affecting currently enrolled students. The outcome may also set a precedent that accelerates resolution of the 15 pending cases in other states.
Point of View
With six states already under court orders. The Trump administration is not waiting for Congress; it is using the courts to rewrite the rules of college affordability for undocumented students across America. What is underreported is the knock-on risk for current enrolled students at these institutions, who may face mid-programme policy changes if courts rule swiftly. The legal argument rests on a single federal statute, and its reach — if upheld consistently — would effectively end in-state tuition for undocumented students in every state that has granted it.
NationPress
2 Oct 2026
Frequently Asked Questions
Why did the US Justice Department sue the University of Delaware?
The Justice Department sued the University of Delaware on 2 October 2026, alleging that its policy of offering in-state tuition to certain undocumented immigrants violates federal law by granting a post-secondary education benefit not equally available to all US citizens regardless of their state of residence. The case is the 26th such lawsuit filed by the Trump administration against similar policies.
What is the tuition difference at the centre of the lawsuit?
For the 2026-27 academic year, the University of Delaware charges $656 per credit hour for Delaware residents and $1,770 per credit hour for non-residents in certain undergraduate programmes. The Justice Department argues that allowing undocumented immigrants to access the lower resident rate while out-of-state US citizens pay the higher rate violates federal statute.
Has the federal government won similar cases in other states?
Yes. According to the Justice Department, six earlier cases — involving Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas — have resulted in court orders favourable to the federal government. Lawsuits in 15 other states, including California, New York, and Massachusetts, remain pending.
What could happen to the University of Delaware if the court rules against it?
If a federal court rules in favour of the Justice Department, the University of Delaware would be blocked from enforcing its current tuition policy and barred from adopting similar future policies based on immigration status. This could affect current and prospective students who qualified for in-state rates under the existing policy.
What is the federal law at issue in these tuition disputes?
The cases centre on a federal statute governing post-secondary education benefits based on state residence. The Justice Department interprets it to mean that states and institutions cannot grant such benefits to undocumented immigrants unless all US citizens are eligible for the same benefit without regard to where they live. That interpretation has not been definitively settled by the Supreme Court.
