“Congress long ago made clear that Maryland cannot deny educational opportunities to American citizens that it gives to illegal aliens in the State,” Associate Attorney General Stanley Woodward said in a press release. “By granting illegal aliens in-state tuition, Maryland is not only violating federal law but subsidizing education for illegal aliens.”
The Justice Department is suing Maryland over a state law that grants in-state tuition and limited financial aid to undocumented immigrants attending public universities.
According to CBS News, the lawsuit claims that Maryland’s policy discriminates against American citizens, who aren’t offered the same financial incentives when submitting applications from other states. The Justice Department named defendants including the Maryland Higher Education Commission and the University of Maryland’s board of regents.
“Congress long ago made clear that Maryland cannot deny educational opportunities to American citizens that it gives to illegal aliens in the State,” Associate Attorney General Stanley Woodward said in a press release. “By granting illegal aliens in-state tuition, Maryland is not only violating federal law but subsidizing education for illegal aliens.”
“This Justice Department,” Woodward added, “is committed to fulfilling President Trump’s promise that illegal aliens will not obtain taxpayer benefits or preferential treatment over our own citizens.”
The lawsuit asks a court to “enjoin enforcement of a Maryland statute and regulation that requires colleges and universities to provide in-state tuition rates for all aliens who maintain in-state residency, regardless of whether those aliens are lawfully present in the United States.”
“Additionally,” the Justice Department said, “the complaint seeks to enjoin Maryland from enforcing those laws to afford financial assistance and scholarships to illegal aliens.”
Assistant Attorney General Brett A. Shumate described Maryland’s tuition law as being overtly unconstitutional.
“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.”
The Baltimore Banner notes that, while undocumented students cannot receive financial aid through the federal government, they can still apply for assistance through state-run programs. In Maryland, most undocumented students can receive in-state tuition if they meet certain requirements. These include attending high school in Maryland and having documentation to prove residency for at least two years.
The Justice Department claims that, between the summer of 2024 and spring of 2025, undocumented students saved an estimated $9 million in tuition while attending Maryland community colleges and public universities.
“Illegal aliens present in the United States are not eligible for postsecondary benefits based on state residency unless those same benefits are also offered to all American citizens, regardless of their state of residence,” the lawsuit alleges.
Sources
Maryland sued over undocumented students’ tuition
Trump administration sues Maryland over college tuition for undocumented students
U.S. DOJ sues Maryland over financial aid, in-state tuition for undocumented students
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