Justice Department Sues University of Delaware Over Tuition Policy

The U.S. Justice Department has sued the University of Delaware, alleging that its resident-tuition policy violates federal law and asking a court to block the policy and similar replacements. The lawsuit, filed in federal court on October 1, challenges the university’s eligibility rules for reduced tuition. The court has not ruled on the allegations. The department says the university allows some people who are not lawfully present in the United States to qualify for Delaware resident tuition, while U.S. citizens who live in other states cannot receive the same rate on that basis. The complaint argues that federal law bars a postsecondary education benefit based on state residence unless citizens and nationals are eligible regardless of where they live. The Justice Department is seeking an order preventing the university from enforcing the challenged policy, as well as relief that would bar materially similar replacement policies. Its legal argument relies on a federal statute governing state-residency-based higher-education benefits. The filing presents the department’s claims and legal theory; it does not establish that the university violated the law.