DOJ Sues University of Delaware Over Tuition Policy
What happens if your child's in-state tuition depends on a state policy the federal government says is illegal? In October 2026, the Department of Justice sued the University of Delaware, arguing its policy of granting in-state tuition to undocumented residents while denying the same rate to out-of-state US citizens violates federal law. It was the DOJ's 26th such lawsuit — and more states are in its crosshairs.
What if the in-state tuition your family relies on is at the center of a federal lawsuit? That is now the reality for students at the University of Delaware. The Department of Justice filed suit against the university in October 2026, challenging a policy that gives in-state tuition rates to undocumented immigrants living in Delaware — while US citizens from other states pay full out-of-state rates. The DOJ says this directly violates a federal law that bars states from giving undocumented immigrants education benefits not available to all Americans.
What the DOJ Is Asking the Court to Do
The lawsuit asks a federal court to block the University of Delaware from enforcing its current tuition policy. It also asks the court to stop the university from creating any new policies that favor undocumented students over US citizens. Associate Attorney General Stanley E. Woodward Jr. said the DOJ will keep filing lawsuits until every state law or university policy that gives preferential treatment to undocumented immigrants is challenged. Assistant Attorney General Brett A. Shumate called it "a simple matter of federal law."
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This is not an isolated case. The DOJ has now filed 26 lawsuits across the country on this same issue. Six of those — in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas — have already resulted in court orders permanently blocking similar in-state tuition laws. Lawsuits are still pending against roughly 20 other states and jurisdictions, including California, New York, New Jersey, Massachusetts, and others. A ruling from the Fifth Circuit Court of Appeals has already sided with the DOJ in one of those cases.
What This Means for Undocumented Students
If the DOJ wins this case, the University of Delaware would have to end its in-state tuition policy for undocumented students. Students currently enrolled under that policy could face higher tuition costs. The same outcome has already happened in the six states where courts issued permanent injunctions. Undocumented students in states with pending lawsuits should watch those cases closely — the legal landscape is shifting fast.
What to do
- If you are an undocumented student at the University of Delaware or in any state with a pending DOJ lawsuit, contact a nonprofit immigration legal aid organization to understand how this case may affect your tuition status.
- Ask your school's financial aid office directly whether your current tuition rate could change if the court rules against the university — get the answer in writing if possible.
- If you are considering applying to a state school and rely on in-state tuition as an undocumented student, check whether that state is among the roughly 20 facing active DOJ litigation before making enrollment decisions.
- Follow updates from the National Immigration Law Center (nilc.org) and your state's legal aid organizations — they track these lawsuits and publish plain-language summaries.
What to do, step by step — see our guide “Appealing to the BIA”.
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Students and families in this situation should understand that a lawsuit being filed does not immediately change tuition rates — a court must first issue an injunction. However, in six states courts have already done exactly that, so the risk is real. If you are undocumented and relying on in-state tuition, document your current enrollment agreement and financial aid award letters now, and speak with an immigration attorney about how a potential court order could affect your status at the school. Do not wait for a final ruling to start planning.
Frequently Asked Questions
Does this lawsuit immediately change tuition rates at the University of Delaware?
No. Filing a lawsuit does not automatically change anything. The university's current policy stays in place unless a court issues an injunction — a court order blocking the policy. That has not happened yet in Delaware. But in six other states, courts have already issued permanent injunctions ending similar policies.
Which states are facing similar DOJ lawsuits right now?
As of October 2026, active lawsuits are pending against roughly 20 states and jurisdictions, including California, New York, New Jersey, Massachusetts, Virginia, Minnesota, Colorado, Connecticut, Oregon, Washington, Hawaii, and others. Six earlier lawsuits — in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas — have already resulted in courts permanently blocking in-state tuition for undocumented students.
What federal law is the DOJ relying on?
The DOJ cites a federal statute that bars states from giving undocumented immigrants postsecondary education benefits — like reduced tuition — that are not available to all US citizens on the same terms. The DOJ argues that offering in-state rates to undocumented state residents while charging out-of-state US citizens full price violates that law.
If a court blocks the policy, what happens to students already enrolled?
Based on what happened in the six states where courts already ruled, universities had to stop applying the in-state rate going forward. Students who were enrolled under the old policy faced higher tuition costs for future semesters. Each court order is different, so the exact impact depends on how the judge rules. An immigration or education attorney can help you understand your specific situation.