DOJ Sues Maryland Over In-State Tuition Laws For Undocumented Students
The U.S. Department of Justice filed a lawsuit against Maryland today, challenging state laws and regulations that grant in-state tuition and financial aid to undocumented immigrants.
Federal prosecutors argue in the filing that Maryland’s policies unconstitutionally discriminate against U.S. citizens from other states who do not receive the same reduced rates or scholarship opportunities. The complaint alleges that the state’s policies create incentives for illegal immigration and offer taxpayer-funded benefits to unlawfully present individuals in direct conflict with federal law.
The government’s legal filing seeks a permanent injunction to block Maryland from enforcing a statute and regulation that requires state colleges and universities to offer in-state tuition rates to any student who meets residency requirements, regardless of legal status. The lawsuit also targets Maryland’s enforcement of laws allowing these students to receive state financial assistance and scholarships.
Justice Department officials stated that federal law prohibits states from prioritizing undocumented individuals over U.S. citizens regarding higher education benefits.
“Congress long ago made clear that Maryland cannot deny educational opportunities to American citizens that it gives to illegal aliens in the State,” said Associate Attorney General Stanley Woodward. “By granting illegal aliens in-state tuition, Maryland is not only violating federal law but subsidizing education for illegal aliens, costing Maryland taxpayers roughly $9M for just one academic year. This Department of Justice is committed to fulfilling President Trump’s promise that illegal aliens will not obtain taxpayer benefits or preferential treatment over our own citizens.”
Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division also commented on the statutory requirements of the case.
“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Shumate said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
This legal action is the 13th lawsuit the Department of Justice has initiated against states over tuition benefits for undocumented students.
According to federal officials, similar lawsuits in Texas, Kentucky, Oklahoma, and Nebraska have already concluded with favorable court orders, including a ruling from the Fifth Circuit Court of Appeals that permanently blocked those state laws as unconstitutional.
Active federal lawsuits concerning similar educational benefits remain pending in eight other states, including Illinois, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, and Rhode Island. Maryland state officials have not yet filed a formal response to the complaint in federal court.