DOJ Sues Maryland Over In-State Tuition for Undocumented Immigrants
The DOJ sued Maryland over state laws offering in-state tuition and aid to undocumented immigrants.
Why it matters: This ongoing federal challenge affects state education programs and immigration law enforcement, impacting legal strategies for in-house counsel and state policymakers.
- DOJ filed the lawsuit on July 16, 2026, targeting Maryland's tuition and financial aid laws for undocumented immigrants.
- The DOJ claims Maryland's laws discriminate against U.S. citizens and conflict with federal immigration law.
- This is the DOJ's 13th federal suit against states with such tuition policies, following victories in Texas, Kentucky, Oklahoma, and Nebraska.
- Similar lawsuits are also pending against Massachusetts, Rhode Island, California, New Jersey, Kansas, and Virginia.
On July 16, 2026, the U.S. Department of Justice (DOJ) sued Maryland, contesting state laws that grant in-state tuition rates and financial assistance to undocumented immigrants. The DOJ alleges that these laws unlawfully discriminate against U.S. citizens who do not receive the same tuition benefits, violating federal immigration statutes.
Associate Attorney General Stanley Woodward emphasized the federal viewpoint: "Congress long ago made clear that Maryland cannot deny educational opportunities to American citizens that it gives to illegal aliens in the State." Assistant Attorney General Brett A. Shumate added, "This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens."
This lawsuit marks the 13th action by the DOJ against state tuition programs for undocumented immigrants. Previous cases resulted in favorable rulings against states including Texas, Kentucky, Oklahoma, and Nebraska. Services and taxpayer costs linked to these programs are significant; Maryland's program costs roughly $9 million for one academic year.
The DOJ is also pursuing similar litigation against other states such as Massachusetts, Rhode Island, California, New Jersey, Kansas, and Virginia. These legal challenges underscore the federal government's intent to strictly enforce immigration laws through control of state education policies.
By the numbers:
- 13 — number of DOJ lawsuits filed against states over in-state tuition for undocumented immigrants
- $9 million — estimated annual cost to Maryland taxpayers for its in-state tuition program for undocumented students