DOJ Sues Maryland Over In-State Tuition for Noncitizens

The U.S. Department of Justice sued the state of Maryland on Thursday over its law allowing certain undocumented students to pay in-state tuition rates. Maryland is the 13th state the DOJ has targeted for such policies.

“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,” Associate Attorney General Stanley Woodward said in a DOJ news release.

Undocumented students in Maryland can qualify for in-state tuition if they meet certain criteria, including attending and graduating from a Maryland high school, enrolling in college within six years of high school graduation, and providing proof they or their legal guardians filed state taxes for two years while the student attended high school. They also need to sign an affidavit promising to apply for permanent residency within a month of becoming eligible.

The DOJ argued in its lawsuit that Maryland undocumented students saved $9 million on tuition expenses between summer 2024 and spring 2025.

Some states sued by the DOJ—Texas, Oklahoma, Kentucky and Nebraska—readily sided with the federal government, agreeing to get rid of the contested state laws and raise tuition costs for undocumented students. Others, including Illinois and California, are fighting the lawsuits. Minnesota won its case this spring.