DOJ Launches Coordinated National Campaign Against State In-State Tuition Laws for Undocumented Students
The Trump administration’s Department of Justice (DOJ) has launched a highly coordinated, nationwide litigation campaign targeting state-level "sanctuary" education policies. On Thursday, July 16, 2026, the DOJ filed a federal lawsuit against the State of Maryland, making it the 13th state targeted by federal prosecutors over laws that grant in-state college tuition and state financial aid to undocumented students.
The administration’s legal campaign seeks to dismantle state-level Dream Acts, arguing that providing tuition benefits to undocumented residents violates federal law and discriminates against American citizens from other states.
The Legal Theory: Discrimination Against U.S. Citizens
The DOJ's legal challenge rests on a federal statute (8 U.S.C. § 1623) enacted in 1996, which prohibits states from providing postsecondary education benefits to undocumented immigrants unless they offer the same benefits to all U.S. citizens regardless of state residency. Because Maryland and other targeted states do not offer in-state tuition rates to all American citizens, the DOJ argues that granting these lower rates to undocumented state residents is discriminatory and unlawful.
Associate Attorney General Stanley Woodward announced the lawsuit against Maryland with a sharp warning:
“Congress long ago made clear that Maryland cannot deny educational opportunities to American citizens that it gives to illegal aliens in the State. 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.”
The lawsuit, filed in the U.S. District Court for the District of Maryland, names the State of Maryland, the Maryland Higher Education Commission, and the University System of Maryland Board of Regents as defendants. It seeks a permanent injunction to prevent the state from administering any in-state tuition or financial aid programs that benefit undocumented residents.
A Coordinated 13-State Litigation Campaign
Maryland is the latest battleground in a systemic federal effort to dismantle state-level tuition equity programs. The DOJ has confirmed that it is actively prosecuting similar lawsuits in 13 states across the country:
- Federal Victories Secured: The DOJ has already won lawsuits striking down in-state tuition benefits in Texas, Kentucky, Oklahoma, and Nebraska.
- Pending Federal Lawsuits: Similar federal lawsuits are currently pending in Virginia, New Jersey, Rhode Island, Massachusetts, Illinois, Minnesota, Kansas, and California.
State Defiance and Democratic Pushback
Maryland leaders immediately issued defiant responses to the DOJ's lawsuit. Maryland Attorney General Anthony Brown vowed a vigorous defense of the state's laws:
“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. 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.”
Under Maryland's law, undocumented students only qualify for in-state tuition if they meet strict residency and tax compliance requirements, including graduating from a Maryland high school, proving their family lived and paid income taxes in the state for at least two years, and applying for permanent residency within 30 days of becoming eligible.
House Speaker Joseline Peña-Melnyk criticized the lawsuit as "another example of the federal government asking the courts to override policy choices made by states through the democratic process," emphasizing that "an educated workforce strengthens our economy and our communities."