DOJ Sues Maryland Over In-State Tuition for Undocumented Students
You enrolled in a Maryland college as an undocumented student, paying in-state tuition — and now the federal government is trying to end that. The Department of Justice sued Maryland in July 2026, calling the state's in-state tuition and scholarship programs for undocumented immigrants unconstitutional. If the lawsuit succeeds, thousands of students could lose access to reduced tuition and financial aid overnight.
You are an undocumented student in Maryland, paying in-state tuition rates or receiving a state scholarship. That benefit is now directly in the crosshairs of the federal government. The Department of Justice filed a lawsuit in July 2026 challenging a Maryland law that requires colleges and universities to offer in-state tuition to all residents — including undocumented immigrants — regardless of their legal status.
What the DOJ is arguing
The DOJ says Maryland's law breaks federal rules in two ways. First, it allegedly discriminates against US citizens from other states, who pay higher out-of-state tuition while undocumented residents pay less. Second, the DOJ argues the law conflicts with federal immigration law, which prohibits states from giving undocumented immigrants benefits that are not equally available to US citizens. Associate Attorney General Stanley Woodward said the program costs Maryland taxpayers roughly $9 million for a single academic year. The DOJ is asking a federal court to block Maryland from enforcing both the tuition law and the scholarship program.
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This is the DOJ's 13th lawsuit of this kind. Courts have already permanently blocked similar laws in Texas, Kentucky, Oklahoma, and Nebraska — including a ruling from the Fifth Circuit Court of Appeals. Active lawsuits are also pending against Illinois, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, and Rhode Island. That pattern matters: courts in multiple states have sided with the federal government so far.
What to do
- If you are currently enrolled using in-state tuition in Maryland, do not drop out yet — the lawsuit was just filed and no court order has blocked the program. Talk to your school's financial aid office about your current status.
- Contact a nonprofit immigration legal services organization in Maryland to understand how this lawsuit could affect your specific situation, especially if you also have DACA or another immigration status.
- Watch for court updates. If a judge issues a temporary injunction (a court order pausing the law), your tuition status could change quickly. Ask your school to notify you of any changes.
- If you are considering applying to a Maryland college as an undocumented student, consult an immigration lawyer before making financial decisions based on current tuition rates.
What to do, step by step — see our guide “Immigration Court Rulings”.
Fishkin Law Firm, New York
Undocumented students in Maryland should understand that a lawsuit being filed does not immediately change their tuition status — only a court order would do that. However, given that four similar state laws have already been permanently blocked by federal courts, the legal risk here is real. Students should document their current enrollment agreements and financial aid awards now, and consult an immigration attorney to explore whether any other status — such as DACA — could protect their eligibility going forward.
Frequently Asked Questions
Does this lawsuit mean I have to pay out-of-state tuition right now?
No. A lawsuit being filed does not change the law immediately. Maryland's in-state tuition program is still in effect unless a court issues an injunction (a formal order to stop it). Watch for court updates and stay in contact with your school.
What happens if the court blocks Maryland's law?
If a federal court issues an injunction, Maryland colleges would have to stop offering in-state tuition rates and scholarships to undocumented students. Students already enrolled could face higher tuition bills. The timing and scope would depend on the specific court order.
Does this affect DACA recipients?
The lawsuit targets undocumented immigrants broadly. DACA recipients (people with Deferred Action for Childhood Arrivals) have a complex legal status. Whether a court order would apply to them depends on how the judge defines 'lawfully present.' An immigration lawyer can help you understand your specific situation.
Are other states facing the same lawsuit?
Yes. The DOJ has filed 13 similar lawsuits total. Courts have already permanently blocked in-state tuition laws in Texas, Kentucky, Oklahoma, and Nebraska. Lawsuits are also active in Illinois, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, and Rhode Island.