Justice Department Challenges Maryland’s In-State Tuition Benefits for Undocumented Students

In a significant move, the United States Department of Justice has filed a lawsuit against the state of Maryland over its Dream Act, which provides in-state tuition benefits to qualifying undocumented students. The lawsuit marks the 13th challenge by the Trump administration to state laws permitting undocumented students to pay in-state tuition rates, alleging that these laws unconstitutionally discriminate against out-of-state U.S. citizens.

Source: cdnph.upi.com

According to Associate Attorney General Stanley Woodward, the Maryland law ‘violates federal law, and subsidizes education for illegal aliens, costing Maryland taxpayers roughly $9 million for just one academic year.’ The Justice Department is committed to upholding President Trump’s promise that ‘illegal aliens will not obtain taxpayer benefits or preferential treatment over our own citizens.’

Background on the Maryland DREAM Act

The Maryland DREAM Act, passed in 2011 and amended twice since then, extends eligibility for in-state tuition benefits to undocumented students who graduate from a Maryland high school, enroll in a public college or university within six years of graduation, and promise to apply for permanent residency within 30 days of becoming eligible. Other requirements include showing that they or a parent or legal guardian filed Maryland income-tax returns during the two years preceding the academic year for which they are seeking the benefit.

The lawsuit argues that the law violates a federal statute enacted in 1996, which bans states from offering in-state benefits to any undocumented immigrant unless a U.S. citizen, regardless of where they reside, is eligible for the same benefit. Federal lawyers contend that ‘such blatant unequal treatment favoring illegal aliens in Maryland over U.S. citizens from other states is squarely prohibited and preempted by Congress.’

Proponents of so-called Dream Acts argue that without these laws, higher education is effectively kept out of reach of undocumented immigrants living in the state. Offering in-state tuition also produces residents with higher incomes, creating increased tax revenue. Maryland Attorney General Anthony Brown has stated that his office is reviewing the complaint and will respond through the courts.

The lawsuit is part of the Trump administration’s aggressive anti-immigration policies, which have seen noncitizens rounded up and deported. In April 2025, President Donald Trump signed an executive order directing the attorney general to identify and stop the enforcement of state laws that favor undocumented immigrants over U.S. citizens. The federal lawyers have now challenged laws in 13 states, with four lawsuits resulting in orders permanently enjoining the states’ Dream Act laws.

As the debate surrounding the Maryland DREAM Act continues, it remains to be seen whether the state will be able to defend its law against the Justice Department’s allegations.

Impact of the Lawsuit

The impact of the lawsuit on Maryland’s undocumented student population remains uncertain. If the law is struck down, it could leave many students without access to affordable higher education. On the other hand, if the law is upheld, it could set a precedent for other states to follow.

The case highlights the ongoing tension between the federal government and states over immigration policy. As the country grapples with the complexities of immigration, the Maryland DREAM Act lawsuit serves as a reminder of the ongoing debate over the rights and responsibilities of undocumented immigrants.

The Justice Department’s lawsuit against Maryland is a significant development in the ongoing struggle over immigration policy. As the case unfolds, it will be essential to monitor its impact on the lives of undocumented students and the broader immigration landscape.

Reactions from Proponents of the Dream Act

Proponents of the Dream Act argue that the law provides a vital opportunity for undocumented students to access higher education. Without these laws, many students would be unable to afford the costs of attending college, effectively shutting the door on their educational and professional aspirations. By offering in-state tuition, Maryland can help produce residents with higher incomes, creating increased tax revenue and contributing to the state’s economic growth.

Supporters of the Dream Act also point out that the law is not a handout, but rather a recognition of the significant contributions that undocumented students make to the state. By providing access to higher education, Maryland can help these students become productive members of society, paying taxes and contributing to the state’s economy.

Ultimately, the outcome of the lawsuit will have far-reaching implications for the lives of undocumented students in Maryland and beyond. As the debate continues, it is essential to consider the human impact of the law and the potential consequences of its repeal.