The U.S. Department of Justice building in Washington, D.C. (Photo by Liu Jie/Xinhua via Getty Images)
BETHESDA, Md. - The Department of Justice is suing the State of Maryland, the Maryland Higher Education Commission and the University System of Maryland Board of Regents to challenge state laws and regulations that they claim grant in-state tuition and financial assistance to undocumented immigrants.
What we know:
According to the lawsuit, the DOJ is seeking to end the enforcement of Maryland statutes that require colleges and universities to provide reduced tuition rates to undocumented migrants who maintain in-state residency, "regardless of whether [they] are lawfully present in the United States."
The lawsuit also seeks to block the state from offering financial assistance and scholarships to undocumented migrants.
Justice Department officials argue in the lawsuit that Maryland’s tuition policies create a system that penalizes out-of-state U.S. citizens while rewarding undocumented immigrants with benefits.
The lawsuit claims that the state laws "unconstitutionally discriminate" against U.S. citizens who are not eligible for reduced tuition rates and scholarships and create incentives for illegal immigration.
The Justice Department further claims that the state laws stand in "direct conflict with federal law."
"Maryland’s eligibility laws have resulted in tangible benefits to [undocumented migrants] residing in Maryland, benefits denied to U.S. citizens from other states," the lawsuit reads.
Dig deeper:
The suit also detailed the financial impact of the policies, claiming that between the summer of 2024 and the spring of 2025, undocumented students saved nearly $9 million in tuition costs at Maryland community colleges and public four-year universities by receiving the lower in-state rates.
Federal prosecutors claimed that Maryland has "repeatedly and consistently over the last 15 years" flouted "through legislative, regulatory, and policy measures."
According to the lawsuit, the state passed the Maryland DREAM Act in 2011, extending eligibility for in-state tuition benefits to undocumented immigrants. Then, in 2019, Maryland passed the Tuition Exemptions Amendment, which expanded eligibility for post-secondary education benefits and in-state tuition.
In 2024, the state passed the In-State Tuition Modernization Act, which prosecutors said further expanded eligibility by reducing the number of years a parent must file taxes to get residency status to two years. The change was made permanent in 2026.
The legal action against Maryland is not an isolated case. The filing marks the Department of Justice’s 13th lawsuit challenging in-state tuition benefits for undocumented immigrants nationwide. Maryland joins a list of states targeted in similar lawsuits, including Virginia, New Jersey, and Rhode Island.
READ MORE | DOJ challenges Virginia law granting in-state tuition to illegal immigrants
The Department of Justice noted that several other courts across the country have already struck down similar state tuition laws, ruling them unconstitutional.
What they're saying:
Maryland Attorney General Anthony Brown said the state is closely reviewing the lawsuit and will respond through the courts.
"The Department of Justice sued to take away an opportunity from Maryland students who grew up here, graduated from school here, and are working to pursue something more for themselves, their families, and the communities in which they live," said AG Brown.
"We will keep fighting for the young people in our state and their futures," he added.
The Source: This information is from a lawsuit filed by the Department of Justice.