The Department of Justice Sues Maryland, Challenging its State Laws that Provide In-State Tuition to Illegal Aliens

Today, the Department of Justice sued Maryland, challenging its state law and regulation that provide in-state tuition and financial assistance for illegal aliens. The Department alleges in its filing that these laws unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates or scholarships, create incentives for illegal immigration, and reward illegal aliens with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law.

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

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

In the complaint, the United States seeks to enjoin enforcement of a Maryland statute and regulation that requires colleges and universities to provide in-state tuition rates for all aliens who maintain in-state residency, regardless of whether those aliens are lawfully present in the United States. Additionally, the complaint seeks to enjoin Maryland from enforcing those laws to afford financial assistance and scholarships to illegal aliens.

Today marks the Department's 13th lawsuit challenging in-state tuition for illegal aliens. The Department's efforts have already delivered wins for the American people, as four similar lawsuits in TexasLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link., KentuckyLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link., OklahomaLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link., and Nebraska have resulted favorable orders permanently enjoining and declaring unconstitutional analogous laws that gave reduced tuition to illegal aliens, including an order from the Fifth CircuitLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link.. Lawsuits against other states that similarly put illegal aliens ahead of U.S. citizens are pending across the country in IllinoisLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link., MinnesotaLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link., Virginia, California, New Jersey, Kansas, Massachusetts, and Rhode Island.