The US Department of Justice is continuing its effort to dismantle the Maryland DREAM Act, which provides in-state college tuition rates to undocumented students.
The U.S. Department of Justice (DOJ) is asking a federal judge to resolve its challenge to Maryland’s in-state tuition policy for undocumented students without a trial. In a filing last week, DOJ opposed Maryland’s effort to dismiss the case and asked the court to grant judgment in its favor. The lawsuit, filed in July, challenges Maryland’s 2011 DREAM Act and related policies administered by the state, the Maryland Higher Education Commission, and the University System of Maryland. DOJ argues that federal law limits states’ ability to provide certain higher-education benefits to undocumented students when comparable benefits are not available to U.S. citizens who live outside the state.
Maryland has argued that its tuition policy does not run afoul of that federal restriction because eligibility is based on factors beyond where a student lives. Under current law, an undocumented student generally must have attended and graduated from a Maryland high school, enroll in a Maryland public college within six years, and meet state tax-payment requirements involving the student or a parent or guardian. The state has also pointed to federal cases involving similar laws in which courts have rejected challenges based on federal preemption. DOJ disputes that interpretation and maintains that Maryland’s requirements nevertheless result in undocumented students receiving benefits based on their connection to the state that are not available to similarly situated U.S. citizens from elsewhere.
The stakes of the lawsuit extend beyond the classification of tuition rates. DOJ is seeking an injunction that would prevent Maryland from continuing to provide the challenged tuition benefits and certain financial assistance connected to the DREAM Act eligibility rules. That could affect programs beyond the basic in-state tuition rate, including some state scholarships and community college tuition policies that rely on the same eligibility standards. The case remains pending in the U.S. District Court for the District of Maryland, and the judge has not yet ruled on the competing motions. Maryland is one of 21 states targeted by DOJ over similar tuition policies; federal courts have already issued orders against comparable programs in several other states, while litigation elsewhere remains ongoing.
