The United States Department of Justice (DOJ) has filed a lawsuit against the state of Maryland, challenging the in-state tuition rates available to undocumented immigrants. The lawsuit also names the Maryland Higher Education Commission (MHEC) and the University System of Maryland Board of Regents as defendants.
This legal action targets the Maryland DREAM Act, which was enacted in November 2012 and allows undocumented residents to pay in-state tuition at public colleges and universities in Maryland. Federal officials contend that this legislation violates federal law, which prohibits states from offering residency-based education benefits to undocumented immigrants unless the same benefits are extended to U.S. citizens from other states.
Associate Attorney General Stanley Woodward commented on the lawsuit, stating, "Congress long ago made clear that Maryland cannot deny educational opportunities to American citizens that it gives to illegal aliens in the State." He further asserted that the provision of in-state tuition to undocumented immigrants not only contravenes federal law but also imposes a financial burden on Maryland taxpayers, estimating a cost of approximately $9 million for a single academic year.
A report from MHEC Secretary Sanjay Rai indicated that undocumented students saved nearly $9 million in tuition costs at Maryland community colleges and public four-year universities during the 2024-2025 academic year. The report highlighted the enrollment of nearly 500 undocumented students in 15 community colleges and 309 at nine public four-year institutions.
The DOJ's lawsuit also raises concerns about these students' eligibility for state scholarships and financial aid, including the Maryland Senatorial Scholarship and the Guaranteed Access Grant. MHEC has reportedly administered over $100 million in state financial assistance annually, with access facilitated through the Maryland State Financial Aid Application.
In its complaint, the DOJ argues that Maryland should discontinue offering in-state tuition and state financial aid to undocumented immigrants based solely on their residency in the state. This lawsuit marks the DOJ's 13th legal challenge against state policies regarding in-state tuition.
The DOJ's actions come on the heels of another lawsuit filed on July 9 against Maryland regarding the Community Trust Act, which restricts local law enforcement from cooperating with federal immigration authorities.
Reported by HarborBeat based on WMAR-2 News (source).
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