DOJ sues Maryland over in-state tuition for undocumented students: what next

On July 16, 2026, the U.S. Department of Justice sued Maryland over state rules that let certain undocumented students receive in-state tuition and some state-linked financial assistance. In the complaint, DOJ asks a court to enjoin enforcement of the tuition and aid provisions while the case moves forward.

DOJ says the challenged Maryland law and regulations require colleges and universities to give in-state tuition rates to students who maintain in-state residency regardless of whether they are lawfully present in the United States—and that the state also provides financial assistance and scholarships to undocumented students.

What Maryland’s policy allows

Inside Higher Ed reports that undocumented students in Maryland can qualify for in-state tuition if they, among other requirements, attended and graduated from a Maryland high school, enroll in college within six years of high school graduation, and provide proof that they (or their legal guardians) filed Maryland state taxes for two years while the student attended high school. The report also says qualifying students must sign an affidavit promising to apply for permanent residency within a month of becoming eligible.

The federal legal basis DOJ cites

DOJ points to 8 U.S.C. § 1623, which bars an alien who is not lawfully present from receiving a “postsecondary education benefit” based on state residency unless U.S. citizens or nationals are eligible for the same benefit “in no less an amount, duration, and scope,” without regard to whether the citizen or national is a resident.

What DOJ is asking the court to do (and why it could matter quickly)

DOJ’s requested relief is a court order halting enforcement—first, of the state requirements tied to in-state tuition rates, and second, of provisions that provide financial assistance and scholarships to undocumented students.

If the court issues temporary relief while the case is litigated, students, families, and financial-aid offices could face short-term uncertainty about which applicants qualify for reduced tuition and which awards can be processed for upcoming terms.

National stakes: DOJ says it’s the 13th case like this

DOJ describes the Maryland filing as the 13th lawsuit challenging in-state tuition for undocumented students. The DOJ press release also says four earlier similar lawsuits—against Texas, Kentucky, Oklahoma, and Nebraska—resulted in favorable orders permanently enjoining and declaring unconstitutional analogous laws.

What to watch next

• Whether the court schedules and grants any temporary enforcement pause while the case proceeds.
• Maryland’s response to DOJ’s allegations and legal arguments.
• What Maryland schools, systems, and financial-aid offices communicate to applicants if enforcement timing changes.

Sources

• DOJ Office of Public Affairs: DOJ sues Maryland challenging state laws providing in-state tuition (press release, filed July 16, 2026)
• 8 U.S.C. § 1623 (U.S. Code): in-state residence limits for postsecondary benefits
• Inside Higher Ed: Quick take on DOJ suing Maryland over state tuition for noncitizens (July 17, 2026)
• FOX 5 DC: Plain-language coverage of DOJ’s claims and what relief is being requested
• Maryland Matters: State-focused reporting on stakes and framing (July 17, 2026)