The Trump administration is coming down hard on illegal immigrants who are taking state benefits not available to many other American taxpayers — but blue states are fighting back. 

The Department of Justice has filed its 13th lawsuit against tuition funding for illegal immigrants, this time in Maryland. Since 2011, the state’s law has allocated the benefits that legal citizens receive for in-state college tuition to illegals, if they pay taxes and their children graduated high school in Maryland.

The filing comes as part of the Trump administration’s broader crackdown on illegal immigration across the country, one of the hallmark commitments of the Department of Justice. The Maryland case follows other lawsuits of a similar nature in Illinois, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Texas, and Rhode Island. In each of the four states, the DOJ challenged the standing laws that allow leaders to provide tuition to illegal immigrants. “No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,” said the Attorney General at the time, Pam Bondi, regarding the Kentucky case. According to the DOJ, Texas, Oklahoma, Kentucky, and Nebraska have all settled their disputes with the administration by declaring tuition breaks for illegals unconstitutional.

Corey DeAngelis, a research fellow for the Center for Education Policy at The Heritage Foundation, told The Washington Stand that the DOJ is standing up for American citizens and taxpayers. 

“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 said. “This provision discriminates against American citizens simply for being here legally, and it creates a perverse incentive for more illegal immigration by offering benefits that should be reserved for those who follow the rules.”

In the latest case in Maryland, the DOJ argues the Old Line State is violating federal law. “Congress long ago made clear that Maryland cannot deny educational opportunities to American citizens that it gives to illegal aliens in the State,” reiterated Associate Attorney General Stanley Woodward in a press release from the DOJ. “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. 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.”

Maryland Attorney General Anthony Brown, a Democrat, made it clear that he disagrees with the DOJ in a statement posted from his office. 

“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. We are reviewing the complaint closely. 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.”

Assistant Attorney General Brett A. Shumate of the DOJ’s Civil Division emphasized that what Maryland is doing is illegal. “Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” he added. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”

In response to the news of the Maryland case, one user posted on X: “All these blue states making their own rules [be]cause they don’t like the laws is what is really ripping apart this country.”

House of Delegates Speaker Joseline Peña-Melnyk (D) had a response of her own: “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.” She continued, “An educated workforce strengthens our economy and our communities. The lawsuit is another example of the federal government asking the courts to override policy choices made by states through the democratic process. We remain confident in the integrity of Maryland law and will continue working to expand educational opportunity while defending laws enacted on behalf of the people of our state.”