The two rules could change which postsecondary programs students can finance with federal aid. The earnings rule, announced June 29, 2026, creates tests based on whether graduates earn more than comparison groups. Workforce Pell eligibility began July 1, 2026, under a final rule announced May 18.

How the earnings rule works

Under the accountability framework, undergraduate programs must show that their graduates earn more than typical workers whose education ended with a high school diploma. Graduate programs must show that their graduates earn more than typical workers with a bachelor’s degree.

The rule does not immediately identify particular colleges or programs for losing aid. Instead, it establishes a process that can produce consequences after repeated failures.

A program that fails the earnings-premium test in two of three consecutive award years can lose eligibility for federal Direct Loans. After three years of consistently failing the measure, the Education Department may terminate broader Title IV eligibility, including eligibility for Pell Grants.

That distinction matters for students and institutions. Direct Loans are one form of federal aid, while Title IV is the broader federal student-aid system. A program’s failure under the new framework therefore could lead first to a loan consequence and, after a longer period of failure, to the possible loss of additional federal aid.

Workforce Pell begins

The separate Workforce Pell rule expands the kinds of programs that may qualify for Pell Grants. Beginning July 1, qualifying students can use the grants for eligible high-quality, short-term programs connected to high-skill, high-wage or in-demand jobs.

The policy is aimed at workforce programs that do not follow the traditional length or structure of a degree program. The approved materials do not identify the first programs or institutions that will participate, and they do not establish that any specific college has already received approval.

Governors may work through bilateral agreements that allow eligible institutions to offer qualifying programs across state lines through distance education. That provision could give some workforce programs a way to serve students outside the state where the institution is located, subject to the rule’s eligibility requirements.

What students and colleges should watch

For students, the immediate issue is whether a preferred program qualifies for federal aid under the new rules. Workforce Pell may create a new financing option for some short-term training, but the rule does not guarantee that tuition will fall, that a student will earn more or that every workforce program will qualify.

For colleges, the earnings framework adds a federal accountability measure tied to graduates’ earnings. Programs that repeatedly miss the required comparison could eventually face limits on federal loan access and, later, possible termination of broader Title IV eligibility.

The Education Department said it received more than 500 public comments during the rulemaking process before issuing the final rules. The final actions followed the proposed-rule stage; they are not merely proposals.

The rules arrive as other federal student-loan changes take effect July 1. The Associated Press reported that about 9 million federal borrowers were in default as of June and described additional changes affecting graduate borrowing and Parent PLUS repayment options.

The first programs that could lose eligibility under the earnings framework have not been identified in the approved materials. The effects on tuition, enrollment and program closures also remain to be measured. For now, July 1 is the key implementation date for Workforce Pell, while the earnings rule establishes a longer timeline in which repeated program-level results can affect access to federal aid.

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)