DOJ Sues Maryland Over In-State Tuition Law

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July 16, 2026

State of MD - The U.S. Department of Justice filed a lawsuit against Maryland today. The suit challenges a state law that gives in-state tuition and financial aid to immigrants who are in the country illegally.

The DOJ says these benefits are not offered to U.S. citizens who live out of state. The department argues this violates federal law and unfairly treats American citizens as second priority.

Associate Attorney General Stanley Woodward spoke out on the issue. "Congress long ago made clear that Maryland cannot deny educational opportunities to American citizens that it gives to illegal aliens in the State," he said. "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. 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."

Assistant Attorney General Brett A. Shumate also weighed in. "This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens," he said. "This Department of Justice will not tolerate American students being treated like second-class citizens in their own country."

The lawsuit specifically targets a Maryland statute and regulation. That law requires colleges and universities to offer in-state tuition to any resident, regardless of immigration status. The complaint also seeks to stop the state from offering financial aid and scholarships under the same rules.

This marks the 13th lawsuit the DOJ has filed over this issue nationwide. Similar lawsuits in Texas, Kentucky, Oklahoma, and Nebraska have already ended in favorable rulings. Those courts permanently blocked similar laws in those states, including a ruling from the Fifth Circuit.

More lawsuits are still pending in Illinois, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, and Rhode Island.

Maryland is pushing back on the lawsuit. Attorney General Anthony G. Brown released a statement in response. "Today, the Department of Justice sued to take away an opportunity from Maryland students who grew up here, graduated from school here, and are working to pursue something more for themselves, their families, and the communities in which they live," he said. "We are reviewing the complaint closely. 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."

Source: Case Document