Toll v. Moreno

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In Toll v. Moreno, 458 U.S. 1 (1982), the U.S. Supreme Court considered how the state-operated University of Maryland grants preferential treatment for purposes of tuition and fees to citizens and immigrant aliens having "in-state" status, yet denied "in-state" status to nonimmigrant aliens, even if domiciled in the state. The Court held that the University's in-state policy is invalid under the Supremacy Clause of the Constitution, insofar as the policy categorically denied in-state status to domiciled nonimmigrant aliens who hold G-4 visas.

Justice William Brennan wrote the opinion for the 6-3 Court. Justices William Rehnquist and Chief Justice Warren Burger dissented, and Justice Sandra Day O'Connor dissented in part.