DOJ Sues Maryland Over Undocumented Student Tuition

The U.S. Department of Justice filed a lawsuit against the state of Maryland on July 17, 2026, challenging a state law that provides in-state tuition rates to undocumented students. The lawsuit argues that the law, enacted in 2012, violates federal immigration law by offering benefits to individuals who are not lawfully present in the United States. The Department of Justice contends that the 2012 law, known as the Dream Act, is preempted by the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).

This legal challenge centers on the interpretation of Section 505 of IIRIRA, which prohibits states from providing any postsecondary education benefit on the basis of state residency to individuals who are not lawfully admitted for permanent residence. The Department of Justice asserts that Maryland's law, which allows undocumented students who have attended a Maryland high school for at least three years and graduated or obtained a GED to pay in-state tuition, directly conflicts with this federal prohibition. The lawsuit was filed in the U.S. District Court for the District of Maryland.

Maryland officials have defended the law, stating that it is consistent with federal law and promotes educational equity. Governor Wes Moore's office has indicated that the state will vigorously defend its law, emphasizing the importance of access to higher education for all residents. The state's position is that the law does not grant federal immigration status or benefits but rather allows for tuition rates based on residency and high school attendance within the state. The lawsuit is expected to have significant implications for similar laws in other states that offer in-state tuition to undocumented students.