U.S. Justice Department Challenges Virginia In-State Tuition Law for Undocumented Immigrants
The U.S. Department of Justice has filed a lawsuit against Virginia challenging a state law that allows immigrants who are in the country without legal status to qualify for in-state tuition and state financial aid at public colleges and universities.
Filed on Monday, the lawsuit is part of a broader effort by the Trump administration to contest state policies that extend tuition and financial assistance to non-citizens regardless of immigration status.
The legal challenge focuses on a Virginia law that took effect in 2022 and permits undocumented immigrants to receive in-state tuition rates at public higher education institutions if they can demonstrate residency in the state. The law was enacted in 2021.
According to the Justice Department, the policy conflicts with federal immigration law and the U.S. Constitution by granting educational benefits to undocumented immigrants that are not available to U.S. citizens from other states. The lawsuit cites the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which limits states’ ability to provide certain postsecondary education benefits to individuals who are in the country unlawfully.
The lawsuit was filed in federal court in Richmond shortly before a change in Virginia’s governorship. The office of the outgoing governor did not comment on the filing.
Similar policies, often referred to as “tuition equity” laws, are in place in at least 21 other states and Washington, D.C., allowing certain students to pay in-state tuition regardless of immigration status. Fourteen states, including Virginia, also provide state financial aid under comparable policies.
The Justice Department has also challenged similar laws in several other states, including Texas, Kentucky, Illinois, Oklahoma, Minnesota, and California. In Texas and Oklahoma, the cases were resolved through agreements that halted enforcement of the challenged laws.
