On November 10, 2026, Attorney General Anthony G. Brown joined a multistate coalition in submitting a comment letter opposing the Trump administration’s proposed rule that would require colleges and universities to pay up to $100,000 for each international student seeking to participate in Optional Practical Training (OPT). The proposed rule is said to impose significant financial burdens on educational institutions and discourage international student enrollment.

In the letter, Brown and the coalition argue that the proposed rule exceeds the Trump administration’s legal authority and imposes an unconstitutional tax, among other concerns.

Press Release: Office of the Attorney General of Maryland

Published November 10, 2026. Reproduced in full from the Office of the Attorney General of Maryland.

Attorney General Brown Opposes Trump Administration’s Attempt to Impose Unlawful $100,000 Tax on International Students

BALTIMORE, MD: Attorney General Anthony G. Brown joined a multistate coalition in submitting a comment letter opposing the Trump administration’s proposed rule that would require colleges and universities to pay up to $100,000 for each international student seeking to participate in Optional Practical Training (OPT) in connection with a degree program.

OPT allows international students to gain practical work experience in their fields of study following graduation, strengthening Maryland’s workforce and economy. The proposed rule would impose significant financial burdens on institutions of higher education, discourage international student enrollment, and jeopardize the economic and educational contributions of international students.

In the comment letter, Attorney General Brown and the coalition argue that the proposed rule exceeds the Trump administration’s legal authority, imposes an unconstitutional tax, and fails to adequately consider the substantial harms to states and educational institutions.

OPT allows international students studying in the United States on F-1 visas to gain practical work experience related to their fields of study. Students are generally eligible for 12 months of OPT, with qualifying graduates in science, technology, engineering, and mathematics (STEM) fields eligible for an additional 24-month extension. On October 8, the U.S. Department of Homeland Security (DHS) published a proposed rule that would require institutions of higher education to pay $70,000 for each international student they initially recommend for OPT and an additional $30,000 for a subsequent recommendation, including a STEM OPT extension. Although the proposed rule would allow institutions to seek reimbursement from students or employers, it would require institutions to transmit the payments to DHS.

The proposed rule is the latest in a series of Trump administration efforts to impose extraordinary taxes on immigration and employment programs. Rather than targeting corporations that could abuse these programs, the Trump administration’s efforts create significant financial burdens on public institutions and employers.

In the comment letter, Attorney General Brown and the coalition urge DHS to withdraw the proposed rule, arguing that the proposed rule:

  • Imposes extraordinary financial burdens on colleges and universities: With more than 294,000 students participating in OPT nationwide during the 2024-2025 academic year, maintaining current participation levels could cost institutions $12.9 billion annually, effectively forcing many to stop recommending students for OPT.
  • Harms Maryland's educational institutions and economy: By discouraging international student enrollment, the rule would threaten billions in economic contributions, reduce tuition revenue, weaken the diversity of academic environments, and deprive our communities of individuals who contribute to research, innovation, and economic growth.
  • Exceeds DHS’s legal authority and imposes an unconstitutional tax: DHS incorrectly characterizes the proposed payment as a fee when it is, in fact, a tax that Congress has not authorized under the Immigration and Nationality Act. As with the administration’s previously invalidated $100,000 H-1B tax, the proposed payment exceeds DHS’s fee-setting authority and unlawfully intrudes on Congress’ taxing power.
  • Violates the Administrative Procedure Act: DHS fails to adequately consider the financial and economic consequences for states and educational institutions, disregards the benefits of OPT participation, and fails to consider less harmful alternatives.
  • DHS has failed to provide sufficient time for public comment: Despite the sweeping consequences of a proposal estimated to require institutions to pay billions of dollars annually, DHS provided only 30 days for public review and comment without adequate justification.

In filing the comment letter, Attorney General Brown joins the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Nevada, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.