The U.S. Department of Justice has filed a lawsuit challenging Virginia laws that allow undocumented immigrants to qualify for in-state tuition rates and state financial assistance at public colleges and universities.
The complaint, filed in the U.S. District Court for the Eastern District of Virginia in Richmond, argues that the state’s policies violate federal law by granting educational benefits to individuals who are not lawfully present in the United States while denying the same benefits to U.S. citizens from other states.
According to the lawsuit, Virginia law requires public institutions to offer reduced in-state tuition to individuals who establish residency in the state regardless of their immigration status. The Justice Department also challenges state provisions that make undocumented students eligible for certain forms of financial aid.
Federal law prohibits states from providing postsecondary education benefits to undocumented immigrants based on residency unless U.S. citizens are eligible for the same benefits, the government argues. The complaint asserts that Virginia’s statutory framework conflicts with those requirements and is therefore preempted under the U.S. Constitution’s Supremacy Clause.
The Justice Department is seeking a court order blocking enforcement of the challenged provisions and requiring the state to bring its laws into compliance with federal standards.
Virginia enacted the tuition policy in 2022, allowing certain students who attended Virginia public high schools to qualify for in-state tuition regardless of immigration status. Supporters of the law have argued it promotes access to higher education for long-term state residents.
Representatives for the Commonwealth of Virginia did not immediately respond to requests for comment.
The case has been assigned to Judge Robert E. Payne.
