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U.S. DOJ sues Maryland over financial aid, in-state tuition for undocumented students

The U.S. Department of Justice (DOJ) filed a lawsuit against Maryland, challenging state laws that allow in-state tuition and financial assistance for undocumented students.

The lawsuit claims these laws unconstitutionally discriminate against American citizens who are not afforded the same opportunities.

The DOJ is seeking to block a Maryland statute requiring colleges and universities to offer in-state tuition rates and financial aid to all undocumented students.

According to the Higher Education Immigration Portal, Maryland allows eligible undocumented immigrants to pay in-state tuition at public colleges and universities through the Maryland Higher Education Commission guidelines. 

The Maryland Higher Education Commission says that qualified undocumented students can apply for financial aid grants and certain scholarships. Approximately 2,000 undocumented students graduate from Maryland high schools each year.

In 2012, the Maryland Dream Act became law, allowing eligible in-state high school graduates an exemption from out-of-state nonresident tuition at public colleges and universities.

In 2018, Maryland passed a bill that extended eligibility for state financial aid to undocumented students. 

"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," Maryland Attorney General Anthony Brown stated. "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 DOJ has filed similar lawsuits against a dozen other states, including Virginia, California, New Jersey, Massachusetts, and Minnesota.

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

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