This decision supplements
Elkins
v.
Moreno,
In
Elkins
v.
Moreno, supra,
we held that “[bjecause petitioner makes domicile the ‘paramount’ policy consideration and because respondents’ contention is that they can be domiciled in Maryland but are conclusively presumed to be unable to do so, this case is squarely within
Vlandis
as limited by
Salfi
to those situations in which a State ‘purport [s] to be concerned with [domicile, but] at the same time den[ies] to one seeking to meet its test of [domicile] the opportunity to show factors clearly bearing on that issue.’
Weinberger
v.
Salfi,
422 U. S. [749,] 771 [1975].”
“Are persons residing in Maryland who hold or are named in a visa under 8 U. S. C. § 1101 (a) (15) (G) (iv) (1976 *460 ed.), or who are financially dependent upon a person holding or named in such a visa, incapable as a matter of state law of becoming domiciliaries of Maryland?” Elkins v. Moreno, supra, at 668-669.
On June 23, 1978, approximately two months after the decision in Elkins * the Board of Regents of the University of Maryland unanimously adopted “A Resolution Clarifying the Purposes, Meaning, and Application of the Policy of the University of Maryland for Determination of In-State Status for Admission, Tuition, and Charge-Differential Purposes, Insofar as It Denies In-State Status to Nonimmigrant Aliens.” In this resolution, the Board of Regents stated, inter alia:
“Purposes and Interests of In-State Policy. The Board of Regents finds and declares that the policy approved on September 21, 1973, insofar as it denies in-state status to nonimmigrant aliens, serves a number of substantial purposes and interests, whether or not it conforms to the generally or otherwise applicable definition of domicile under the Maryland common law, including but not limited to:
“(a) limiting the University’s expenditures by granting a higher subsidy toward the expenses of providing educational services to that class of persons who, as a class, are more likely to have a close affinity to the State and to contribute more to its economic well-being;
“(b) achieving equalization between the affected classes of the expenses of providing educational services;
“(c) efficiently administering the University’s in-state determination and appeals process; and
“(d) preventing disparate treatment among categories of nonimmigrants with respect to admissions, tuition, and charge-differentials.
*461 “Reaffirmation of In-State Policy. Regardless of whether or not the policy approved by the Board of Regents on September 21, 1973, conforms with the generally or otherwise applicable definition of domicile under the Maryland common law, the Board of Regents reaffirms that policy because it intends and deems it to serve a number of substantial purposes and interests, including but not limited to those set forth above.”
On February 21, 1979, the Maryland Court of Appeals unanimously answered our certified question in the negative, stating that “[s]ince nothing in the general Maryland law of domicile renders G-4 visa holders, or their dependents, incapable of becoming domiciled in this State, the answer to the certified question is ‘No.’ ”
Toll
v.
Moreno,
The Attorney General of Maryland now requests that this case “be restored to the Supreme Court’s active docket for further briefing and argument . . . .” We must deny this request because the Board of Regents’ clarifying resolution has fundamentally altered the posture of the case. Our decision in
Elkins
rests on the premise that “the University apparently has no interest in continuing to deny in-state status to G-4 aliens as a class if they can become Maryland domiciliarles since it has indicated both here and in the District Court that it would redraft its policy To accommodate’ G-4 aliens were the Maryland courts to hold that G-4 aliens can” acquire such domicile.
So ordered.
Notes
The order certifying the question to the Maryland Court of Appeals was dated April 25, 1978.