This article was originally published on Crafting Your Home. A human contributor also wrote and edited the post.
Maryland students who lack legal immigration status could face sharply higher college costs as the Trump administration challenges the state’s tuition and financial aid policies in federal court.
The Justice Department filed suit against Maryland on July 16, seeking to block rules allowing eligible undocumented students to receive resident-level tuition and apply for state-supported scholarships. The case names Maryland, the Maryland Higher Education Commission, and the University System of Maryland Board of Regents as defendants.
The lawsuit does not immediately cancel the benefits. Maryland’s existing rules remain the central target of a court fight that could affect current college students, recent high school graduates and families building education plans around lower resident tuition.
Federal Government Claims Unequal Treatment
The Justice Department’s argument centers on the difference between what some undocumented Maryland students pay and what American citizens from other states may be charged. Maryland allows eligible undocumented students to pay rates equivalent to those offered to state residents. An American citizen who lives in Virginia, Pennsylvania, Delaware, or another state may still face the higher nonresident rate at the same institution.
Federal officials argue that this difference violates a 1996 law governing postsecondary education benefits. That federal tuition restriction applies when a person who is not lawfully present receives a benefit based on state residence that is unavailable to U.S. citizens without regard to where they live.
“This is a simple matter of federal law: Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Assistant Attorney General Brett A. Shumate said.
The administration is asking the court to stop Maryland from enforcing the challenged provisions. It also wants the court to block state scholarships and financial assistance connected to the same eligibility system.
Maryland Requires More Than Residence
Maryland’s program does not give reduced tuition to every undocumented person living within the state. Under Maryland’s current tuition statute, applicants must have attended a public or private secondary school in Maryland and graduated from a Maryland school or received an equivalent diploma in the state.
Students must also enroll at a Maryland public college within a specified period after graduation. The law includes tax-filing documentation, an affidavit related to seeking permanent residency when legally eligible, and Selective Service compliance when required. Those conditions form a major part of Maryland’s side of the dispute.
They connect eligibility to a student’s education and family history within the state rather than offering a blanket benefit based only on immigration status.
That distinction may become the case’s most important legal question.
Financial Aid Is Also at Risk
