Justice Department sues Virginia over tuition assistance for illegal immigrants
The Justice Department sued Virginia in federal court, challenging a state law that allows students who establish residency (typically one to two years) to receive in-state tuition and financial aid irrespective of immigration status. The 13-page complaint filed in richmond argues the statute conflicts with federal immigration law and the Constitution’s supremacy clause, alleging it unlawfully discriminates by conferring residency-based tuition benefits on unlawfully present immigrants that are not equally available to U.S. citizens, in violation of 8 U.S.C. §1623(a). The provisions often affect students covered by DACA. The DOJ is seeking a permanent injunction to block enforcement of the tuition rules; no judge has been assigned yet. This suit follows similar Trump-administration actions against Texas, Kentucky, Oklahoma, Illinois, and California, with agreements reached in some states and ongoing litigation in others. The filing comes as Virginia prepares for a political transition from Republican to Democratic control of the governor’s office and attorney general’s office.
Justice Department sues Virginia over tuition assistance for illegal immigrants
The Justice Department sued Virginia on Monday over a state law that allows illegal immigrants to qualify for in-state tuition and financial aid at public colleges and universities, arguing the policy violates federal immigration law and unlawfully discriminates against U.S. citizens.
The 13-page complaint, filed in federal district court in Richmond, challenges a provision of Virginia law that extends in-state tuition eligibility to students who have lived in the state for a specified period and bars colleges from disqualifying applicants based on immigration status. A judge has not yet been assigned to the case.
“This is not only wrong but illegal,” DOJ lawyers said in the filing. “The challenged act’s discriminatory treatment in favor of illegal aliens over citizens is squarely prohibited and preempted by federal law.”
Under the Code of Virginia’s residency and tuition equity provisions, students who establish residency in the state for at least one year, or two years under other sections of the code, may qualify for reduced in-state tuition regardless of their immigration status. These provisions are often applicable to students who are covered under the 2012 Obama-era Deferred Action for Childhood Arrivals policy, or DACA.
But the DOJ argues that the state is violating the Constitution’s supremacy clause by conflicting with federal statutes that prohibit states from offering such education benefits to illegal immigrants if those same benefits are simultaneously being denied to U.S. citizens.
The government highlighted how Virginia permits “unlawfully present aliens” to receive in-state tuition rates while denying those same benefits to U.S. citizens who reside outside the state.
“In doing so, Virginia confers a residence-based tuition benefit on unlawfully present aliens that is not available to United States citizens on equal terms, in contravention of 8 U.S.C. § 1623(a),” the lawsuit reads.
The lawsuit adds to a growing list of legal challenges the DOJ has brought under the Trump administration, targeting state policies that extend tuition and education benefits to illegal immigrants. The administration first sued Texas in June, followed by lawsuits against Kentucky, Oklahoma, Illinois, and California.
The DOJ has reached agreements with Kentucky, Oklahoma, and Texas, all Republican-led states. Illinois and California, both led by Democrats, continue to fight their cases in court. A federal judge blocked a Texas law in June that had allowed unauthorized immigrants to receive in-state tuition since 2001.
The Virginia legal challenge also lands amid a political transition in Richmond. Gov. Glenn Youngkin (R-VA), who is term-limited, is set to leave office next month. Democrats are poised to take over both the governor’s mansion and the attorney general’s office following their recent election victories, with Gov.-elect Abigail Spanberger (D-VA) preparing to assume office.
Due to the looming departure of Republicans from both the governor’s and the attorney general’s offices, the Trump administration may be attempting to secure a last-minute resolution over the contested migrant tuition policy before a new administration is installed in late January 2026.
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The Washington Examiner reached out to the office of outgoing Republican state Attorney General Jason Miyares for comment but did not receive a response.
The DOJ is seeking a permanent injunction barring Virginia from enforcing the tuition provisions, setting up another high-profile immigration fight between the Trump administration and Democrat-led states over the limits of state authority under federal immigration law.
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