26th such lawsuit, first against a university rather than a state
The Justice Department filed a federal lawsuit Thursday against the University of Delaware, challenging the school’s policy of offering in-state tuition to certain undocumented immigrants. It is the 26th lawsuit the Trump administration has filed challenging in-state tuition policies for certain undocumented immigrants and the first the department has brought against a university rather than a state, marking a shift in strategy.
Federal lawyers contend the policy unconstitutionally discriminates against U.S. citizens because out-of-state U.S. citizens are not eligible for the reduced tuition rate available to qualifying undocumented immigrants. The administration argues the policy violates a 1996 federal law that bars undocumented residents from receiving postsecondary education benefits unless U.S. citizens are eligible for the same benefit regardless of their state of residence.
Federal lawyers have been targeting policies offering in-state tuition and scholarship benefits to certain undocumented immigrants following an April 2025 executive order signed by President Donald Trump directing the attorney general to identify and stop enforcement of any policies that favor “aliens over any groups of American citizens,” according to the Justice Department.
“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 nation’s own citizens,” Associate Attorney General Stanley Woodward Jr. said in a statement.
According to the lawsuit, the University of Delaware offers in-state tuition benefits to undocumented immigrants who attended a Delaware high school for at least three years, graduated or received the equivalent of a diploma, and resided with parents or legal guardians while attending the school. Eligible students must also provide evidence that they are seeking U.S. citizenship or permanent residency and must enroll at the university within 18 months of graduating from high school. The Justice Department is asking the court to enjoin the university and its board of trustees from enforcing the policy.
“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Assistant Attorney General Brett Shumate said in a statement.
Proponents of in-state tuition policies argue they increase tax revenue, create jobs and expand gross domestic product, and that they are fair because eligible students were often brought to the United States as children and should be able to pay the in-state rate.
The lawsuits are part of the Trump administration’s broader immigration enforcement effort, which has included mass arrests and deportations.