Well, here we go again. The Trump administration has opened another front in its legal battle over illegal immigration, this time targeting Maryland over a tuition policy that allows certain illegal immigrants to qualify for in-state college rates. And if you’ve been following this story, you’ll recognize the pattern immediately.
This isn’t an isolated lawsuit. It’s the latest move in a nationwide campaign.
The Department of Justice has now filed its 13th lawsuit challenging state laws that provide in-state tuition benefits to illegal immigrants. Maryland is the newest target, joining a growing list that includes Illinois, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Texas, Rhode Island, and several other states that have faced similar legal challenges.
Here’s the administration’s argument in plain English: if an American citizen from another state has to pay higher tuition than someone who is in the country illegally, something is fundamentally wrong with the law.
That’s exactly what the Justice Department says is happening.
Maryland’s policy, first enacted in 2011, allows certain undocumented students to receive in-state tuition if they meet specific requirements, including paying taxes and graduating from a Maryland high school. State leaders argue the law helps students who have grown up in Maryland continue their education and contribute to the state’s economy.
The Trump administration sees it very differently.
Associate Attorney General Stanley Woodward said Congress has already made clear that states cannot provide educational benefits to illegal immigrants that are unavailable to American citizens. According to the Justice Department, Maryland’s policy violates federal law while costing taxpayers roughly $9 million in a single 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,” Woodward said in announcing the lawsuit.
Now, stay with me, because this legal fight stretches well beyond Maryland.
The Justice Department says several states have already backed away from similar policies. According to the DOJ, Texas, Oklahoma, Kentucky, and Nebraska have settled disputes with the administration by agreeing that tuition preferences for illegal immigrants are unconstitutional.
Supporters of the lawsuits argue the issue isn’t complicated.
Corey DeAngelis, a research fellow with The Heritage Foundation’s Center for Education Policy, said American taxpayers should not be placed at a disadvantage.
“American students don’t get a discount on tuition, yet people here illegally are receiving that benefit at the expense of hardworking American families,” DeAngelis told The Washington Stand. He argued the policies discriminate against U.S. citizens while creating incentives for additional illegal immigration.
But Maryland officials aren’t backing down.
Attorney General Anthony Brown made it clear the state intends to defend its law in court. In a statement, Brown said the lawsuit seeks to strip educational opportunities from students who have grown up in Maryland, graduated from Maryland schools, and are working toward better futures for themselves and their communities.
“We will respond through the courts,” Brown said, adding that the state will continue defending its laws.
House Speaker Joseline Peña-Melnyk echoed that position. She argued the General Assembly deliberately adopted the tuition policy because students who have spent much of their lives in Maryland should have the opportunity to attend college and strengthen the state’s workforce.
She also framed the lawsuit as another example of the federal government asking judges to overturn policy decisions made through the state’s legislative process.
Meanwhile, the Justice Department insists the issue isn’t simply a policy disagreement—it’s a matter of federal law.
Assistant Attorney General Brett A. Shumate argued that colleges cannot lawfully extend benefits to illegal immigrants that are unavailable to U.S. citizens.
“This Department of Justice will not tolerate American students being treated like second-class citizens in their own country,” Shumate said.
As you might expect, reactions online were immediate and deeply divided. Critics of Maryland’s policy argued that states should not create benefits they believe conflict with federal immigration law, while supporters defended the tuition program as an investment in students who have lived and studied in Maryland for years.
And that’s really where this battle is headed.
