DOJ Files Lawsuit Against Maryland In-State Tuition Law for Undocumented Students

July 17 (UPI) -- The Justice Department filed a lawsuit Thursday against Maryland statutes that provide in-state tuition rates at public colleges and universities to certain undocumented students who meet specific criteria. The action marks the 13th such challenge by the current administration to state laws granting these benefits.

The complaint alleges that the Maryland provisions violate a 1996 federal statute. That law prohibits states from extending in-state tuition or other benefits to undocumented immigrants unless the same benefit is available to U.S. citizens living in any state. The suit seeks a court order halting enforcement of the Maryland law.

"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," Associate Attorney General Stanley Woodward said in a statement. "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."

Maryland enacted the Maryland DREAM Act in 2011. The statute, amended twice since passage, allows undocumented students who graduated from a Maryland high school to qualify for in-state tuition if they enroll in a public postsecondary institution within six years of graduation, file or have a parent or guardian file Maryland income-tax returns for the two years before the academic year in question, and agree to apply for permanent residency within 30 days of eligibility.

The Justice Department complaint states that the Maryland requirements create unequal treatment by extending benefits to undocumented immigrants that are not available to U.S. citizens residing outside the state. "Such blatant unequal treatment favoring illegal aliens in Maryland over U.S. citizens from other states is squarely prohibited and preempted by Congress," the filing said.

Maryland Attorney General Anthony Brown said his office is reviewing the complaint. "We will respond through the courts, as we do whenever Maryland's laws are challenged, and we will keep fighting for the young people in our state and their futures," Brown said in a statement.

The lawsuit follows an April 2025 executive order issued by President Donald Trump directing the attorney general to identify state laws that provide benefits to undocumented immigrants not available to U.S. citizens and to take steps to end their enforcement. The Justice Department has now filed similar suits in 13 states. Four of those cases have resulted in permanent injunctions against the challenged laws; the remaining nine cases remain pending.

Acting Attorney General Todd Blanche, who has held the position since April, oversaw the filing. The case was brought under the administration's broader effort to enforce federal immigration statutes regarding state-level benefits.

Proponents of the Maryland law have stated that it enables access to higher education for long-term state residents and supports the development of a more educated workforce that contributes to state tax revenue. The Justice Department maintains that the federal statute controls and that states may not create preferences that disadvantage citizens from other states.

The complaint does not seek monetary damages but requests declaratory and injunctive relief to prevent continued operation of the tuition provisions as written.