Justice sues Maryland over in-state tuition policy for undocumented immigrants

Maryland on Thursday became the latest state to be sued by the U.S. Department of Justice for its policy granting in-state college tuition to some undocumented immigrants who are residents of the state.

In a suit filed in U.S. District Court, the Justice Department said the Maryland DREAM Act violates federal law by granting a benefit to undocumented immigrants that is not available to citizens elsewhere in the United States, namely lower cost in-state tuition at the state’s colleges and universities.

The lawsuit asks the court to block enforcement of the law that it says provides immigrants with about $9 million in lower tuition costs in a given year. It also asks for a permanent injunction to keep the state from administering any financial aid or scholarship programs that might benefit undocumented immigrants who are residents of the state.

“Congress long ago made clear that Maryland cannot deny educational opportunities to American citizens that it gives to illegal aliens in the State,” said Associate Attorney General Stanley Woodward in a statement announcing the suit.

“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,” his statement said, adding that it maks “second-class citizens” out of U.S. citizens in other states.

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The suit names the state of Maryland, the Maryland Higher Education Commission and the University System of Maryland Board of Regents as defendants.

Maryland Attorney General Anthony Brown said his office is “reviewing the complaint closely.”

“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,” Brown said in a statement released by his office.

“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,” his statement said.

House Speaker Joseline Peña-Melnyk (D-Prince George’s and Anne Arundel), an immigrant herself, called the lawsuit “another example of the federal government asking the courts to override policy choices made by states through the democratic process.”

“The General Assembly enacted Maryland’s tuition policy because we believe students who have grown up in our communities, attended our public schools, and met the requirements established under state law should have the opportunity to pursue higher education and contribute to Maryland’s future,” Peña-Melnyk’s statement said. “An educated workforce strengthens our economy and our communities.”

She said she remains “confident in the integrity of Maryland law.”

Under the law, undocumented immigrants who live in the state, graduated from a state high school, have paid state income taxes for at least two years and who apply for permanent resident status within 30 days of becoming eligible, among other requirements, can qualify for in-state tuition.

Maryland becomes the 13th state targeted by Justice over an in-state tuition break for undocumented immigrants who are residents of the respective states: Virginia, New Jersey, Rhode Island, Massachusetts, Kentucky, Illinois, Minnesota, Kansas, Oklahoma, Nebraska, Texas and California.