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 2018, Maryland passed a bill that extended eligibility for state financial aid to undocumented students. In 2011, a bill was signed into law allowing undocumented immigrants to receive in-state tuition at the state's public colleges and universities if they first attend a community college. 

But in 2019, a bill was signed into law that removed the requirement that a student must first attend community college.

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."

CBS News Baltimore reached out to the Maryland Attorney General's Office for a response, but has not heard back.