Justice Department Challenges Maryland’s In-State Tuition Program for Immigrant Students
The Department of Justice has initiated a lawsuit against the state of Maryland regarding its in-state tuition program for immigrants who arrived in the United States as children. This marks the thirteenth lawsuit the government has filed against states over similar programs across the country.
The federal complaint, submitted to a Maryland federal court, argues that the state’s financial aid initiative contravenes federal law, which prohibits preferential treatment for undocumented immigrants. The program, established under the Maryland DREAM Act, excludes recipients of Deferred Action for Childhood Arrivals (DACA).
Deputy Attorney General Stanley Woodward stated that federal law, specifically Section 8 of 1623 of the United States Code, mandates that states cannot offer in-state tuition to immigrant students while denying the same to U.S. citizens. He highlighted that Maryland’s decision to grant in-state tuition to undocumented immigrants not only violates this federal directive but also imposes an estimated $9 million burden on Maryland taxpayers in just one academic year.
The Justice Department is seeking a ruling from U.S. District Judge Stephanie Gallagher, a Trump appointee, to declare Maryland’s tuition program unconstitutional. The lawsuit details that the state’s 2011 DREAM Act, along with subsequent amendments in 2019 and 2024 that lowered the tax contribution requirement for eligibility from three years to two, are unlawful.
The federal lawsuit asserts that Maryland’s practices create an inequitable environment, favoring undocumented residents over U.S. citizens in other states, which is expressly forbidden by Congress. It emphasizes that federal law states, “no alien who is not lawfully present in the United States shall be entitled to secondary benefits based on residence within a state.”
To date, the Justice Department has filed a total of 13 lawsuits related to in-state tuition, achieving favorable rulings in states like Texas, Kentucky, Oklahoma, and Nebraska. Litigation continues in Illinois, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, and Rhode Island.
According to data from the Higher Education Immigration Portal, Maryland is among 20 states, including Washington, D.C., that allow in-state tuition for immigrants lacking permanent legal status. Additionally, D.C. and 18 other states provide access to state financial aid. Of Maryland’s 431,608 higher education students, 11,282 are identified as lacking permanent residency.
The Justice Department referenced a key ruling from the Fifth Circuit in the 2023 Texas Foundation Young Conservatives v. Smatresk case, which reaffirmed that Section 1623 preempts state programs that offer benefits to undocumented individuals while denying similar benefits to U.S. citizens.
Under Maryland’s current tuition structure, in-state undergraduate students at the University of Maryland, College Park pay approximately $12,835 annually, compared to about $44,086 for out-of-state students. The policy requires immigrant students to graduate from an in-state high school, enroll in college within six years after graduation, and have parents who have paid Maryland taxes for a minimum of two years. Applications must be submitted within 30 days of eligibility for non-permanent residents.
The Justice Department noted that the impact of the tuition policy is significant, with 496 immigrant students enrolled in state community colleges and 209 enrolled in public four-year colleges for the fall 2024 semester. According to the department, undocumented students benefiting from in-state tuition saved a total of $8,957,356, which represents a considerable portion of taxpayer funding for educational subsidies extended to individuals without lawful immigration status.
This lawsuit follows another case filed by the Justice Department against Maryland on July 9, which claimed that the state’s sanctuary policies hinder federal immigration enforcement efforts.
