Attorney General

DOJ Sues Maryland Over In-State Tuition Law For Certain Undocumented Students

The U.S. Department of Justice has filed a lawsuit against the State of Maryland, the Maryland Higher Education Commission, and the University System of Maryland Board of Regents, challenging the state’s Dream Act and a related regulation that allow certain undocumented students to qualify for in-state tuition and financial assistance at Maryland public colleges and universities.

According to the Department of Justice, the lawsuit argues that Maryland’s law conflicts with federal law by providing in-state tuition rates and certain financial aid opportunities to qualifying undocumented students while some U.S. citizens from outside Maryland are not eligible for the same benefits. The DOJ is asking the court to block enforcement of the law and regulation.

The department also stated that this is the 13th lawsuit it has filed challenging similar in-state tuition policies across the country. According to the DOJ, courts have already ruled in its favor in four comparable cases involving Texas, Kentucky, Oklahoma, and Nebraska, while lawsuits against several other states remain pending.

Maryland Attorney General Anthony G. Brown issued a statement in response, saying the state is reviewing the complaint and will respond through the courts. “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,” Brown 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.”

The lawsuit is pending in federal court.

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