DOJ Sues University of Delaware Over Illegal Immigrant Tuition Rate

The Justice Department has sued the University of Delaware, alleging the public school's tuition policy allows undocumented immigrants to pay less than out-of-state U.S. citizens, according to Fox News.

What does the lawsuit allege about tuition rates?

According to the lawsuit as reported by Fox News, undocumented students at the University of Delaware can qualify for a tuition rate of $15,740, while out-of-state U.S. citizens pay roughly $42,470. The Justice Department argues that structure improperly favors noncitizens over American students from outside Delaware, Fox News reported.

Who filed the suit and against whom?

The suit was filed by the Trump administration's Justice Department against the University of Delaware, a public, state-affiliated institution, Fox News reported. The report does not specify the court or docket where the case was filed, and HTT News could not independently verify additional filing details beyond what Fox News published.

How does the university's tuition structure work?

The University of Delaware, like many public universities, sets differentiated tuition rates based on residency and other eligibility criteria, according to Fox News. The $15,740 figure cited in the lawsuit applies to undocumented immigrants who meet the school's qualifying criteria, while the $42,470 figure applies to out-of-state U.S. citizens who do not qualify for in-state or reduced rates, Fox News reported. The article does not detail the specific eligibility rules or state law provisions the university cites in setting those rates.

What is the legal basis for the Justice Department's challenge?

Fox News' report centers on the dollar gap between the two tuition rates as the core of the department's complaint but does not lay out the specific federal statute or constitutional provision the Justice Department is invoking. HTT News found no additional primary-document link, such as a court filing or Justice Department press release, in the available source material to verify the legal theory beyond what Fox News described.

What happens next in the case?

Fox News' report does not include a court date, a university response, or a timeline for how the litigation will proceed. The University of Delaware has not been quoted responding to the allegations in the available reporting. HTT News will update this report if the university, the Justice Department, or court records provide additional figures or documents confirming next steps.

The case adds to a broader pattern of Trump administration legal challenges targeting public universities over immigration-related policies, though the Fox News report does not reference other similar suits by name or cite comparative tuition data from other institutions.