The U.S. Department of Justice has filed a federal lawsuit against the state of Virginia, challenging a law that allows certain migrants living in the country unlawfully to qualify for in-state college tuition rates.
The lawsuit, filed Monday in federal district court in Richmond, argues that Virginia’s policy unlawfully grants education benefits to migrants that are not equally available to U.S. citizens, in violation of federal immigration law and the Constitution’s Supremacy Clause. A judge has not yet been assigned to the case.
Under current Virginia law, students may qualify for in-state tuition if they can show they have established residency in the state for at least one year. The statute explicitly states that a student cannot be disqualified based on immigration status, a provision the Justice Department says directly conflicts with federal law.
“This is not only wrong but illegal,” the DOJ wrote in its 13-page complaint. “The challenged act’s discriminatory treatment in favor of illegal aliens over citizens is squarely prohibited and preempted by federal law.”
The lawsuit is part of a broader legal campaign by President Donald Trump’s administration to challenge state-level policies that provide tuition assistance and other education benefits to migrants living in the U.S. unlawfully. Earlier this year, the Justice Department filed similar lawsuits against Texas, Kentucky, Oklahoma, Illinois, and California.
According to the DOJ, agreements have already been reached with the three Republican-led states — Texas, Kentucky, and Oklahoma — while Illinois and California continue to contest the federal government’s claims in court.
In the Virginia case, federal attorneys argue that immigration law leaves no room for state discretion when it comes to postsecondary education benefits tied to immigration status.
“There are no exceptions. Virginia violates it nonetheless,” the lawsuit states. “This court should put an end to this and permanently enjoin the enforcement of provisions of the Virginia Education Code that directly conflict with federal immigration law.”
The legal action also comes at a politically sensitive moment for the state. Democrats are set to take control of Virginia’s governor’s mansion and attorney general’s office next month following a series of recent election victories, potentially setting the stage for a high-profile legal fight between state officials and the federal government.
If successful, the DOJ’s lawsuit could force Virginia to revise its tuition eligibility rules and may influence similar policies in other states still offering in-state tuition to migrants.
