The U.S. Department of Justice has filed a lawsuit challenging a Virginia law that allows immigrants who are not legally present in the United States to qualify for in-state tuition rates and financial aid at public colleges and universities.
The lawsuit, filed Monday in federal court in Richmond, is the latest effort by the Trump administration to contest state policies that extend education benefits to noncitizens regardless of immigration status.
Virginia’s law, which has been in effect since 2022, permits undocumented students to receive reduced in-state tuition if they can demonstrate residency in the state. The measure was signed into law in 2021 by then-Governor Ralph Northam, a Democrat.
Supporters of the policy argued that it removes financial barriers that previously limited access to higher education for immigrant students who have long lived and studied in Virginia.
The Justice Department contends that the law violates federal immigration statutes 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 Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which restricts states from offering certain postsecondary education benefits to individuals who are not lawfully present unless the same benefits are available to U.S. citizens.
“This is a simple matter of federal law,” Attorney General Pamela Bondi said in a statement. “Schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.”
The DOJ filed the lawsuit just days before Republican Governor Glenn Youngkin is set to leave office, with Democrat Abigail Spanberger scheduled to take over. Youngkin’s office did not respond to a request for comment Tuesday.
According to the National Immigration Law Center, at least 21 states and the District of Columbia have adopted tuition equity laws that allow certain students who graduated from in-state high schools to pay in-state tuition regardless of immigration status. Fourteen of those states, including Virginia, also provide state financial aid to eligible students without regard to immigration status.
Since Trump returned to office, the Justice Department has filed at least six lawsuits challenging similar policies in states including Texas, Kentucky, Illinois, Oklahoma, Minnesota, and California.
Texas and Oklahoma, both led by Republican governors, resolved their cases by agreeing to consent decrees blocking enforcement of their tuition policies.
