Justice Department Sues Maryland Over In-State Tuition

The U.S. Department of Justice filed a lawsuit against the state of Maryland on July 16, challenging state laws that grant in-state tuition and financial aid to undocumented immigrants. The federal government argues these policies unlawfully discriminate against U.S. citizens from other states and violate federal immigration law.

The complaint, filed in U.S. District Court in Maryland, names the State of Maryland, the Maryland Higher Education Commission, and the University System of Maryland Board of Regents as defendants. It seeks a permanent injunction to block the enforcement of the relevant statutes and regulations. Justice Department officials stated the lawsuit is the 13th of its kind filed against states over tuition benefits for undocumented students.

Federal prosecutors allege Maryland’s policies conflict with a federal statute, 8 U.S.C. 1623, which prohibits states from providing postsecondary education benefits based on residency to unlawfully present individuals unless the same benefit is available to U.S. citizens regardless of their state of residence. The government contends that by offering reduced tuition and state financial aid to undocumented students,...