Immigration · Primary-source case analysis

Toll v. Moreno: Maryland Could Not Deny In-State Status Solely Because of G-4 Immigration Status

By Aneeta Mishra and Timothy Chan

Published August 22, 2026

Toll v. Moreno involved dependents of international-organization employees who lived in Maryland but were categorically denied in-state tuition because the university treated their G-4 status as incompatible with domicile.

Congress had not required G-4 visitors to maintain a foreign residence

Unlike some nonimmigrant categories, the governing federal classification did not impose a continuing foreign-residence requirement inconsistent with forming domicile in a state.

The state added a disability not selected by Congress

Maryland’s conclusive rule imposed a special burden solely on a federally admitted immigration class and upset the conditions Congress chose for that class.

Ordinary domicile proof could still be required

The decision did not guarantee resident tuition to every G-4 holder. The student still had to satisfy neutral state domicile criteria applied to other applicants.

Present classifications require current analysis

Visa statutes, tuition laws, and federal restrictions on public benefits have changed. The exact status, state rule, and current federal law control.

Key takeaways

• Identify the visa classification and its federal conditions.
• Collect ordinary evidence of state domicile.
• Distinguish a categorical status bar from neutral residency criteria.
• Check current federal benefit and state tuition statutes.