The Justice Department is suing Virginia over its policy of allowing students without legal immigration status access to in-state tuition rates at its public colleges and universities.
In a lawsuit filed late Monday, the Trump administration said the Virginia education code “directly” conflicts with federal immigration law.
“Federal law prohibits states from providing aliens who are not lawfully present in the United States any post-secondary education benefits not afforded U.S. citizens,” wrote Elianis Perez, assistant director of the Office of Immigration Litigation at the DOJ. “There are no exceptions.”
According to the complaint, since 2022 Virginia law has allowed students without legal immigration status who have lived in the state for at least two years to take advantage of reduced in-state tuition rates, while denying the same benefits to citizens who are not Virginia residents.
The office of Republican Governor Glenn Youngkin did not immediately respond to a request for comment.
Similar lawsuits have also been filed against other states that have comparable tuition programs.
The Trump administration sued Oklahoma in August, Illinois in September, and California in November. In June, a federal judge blocked a Texas policy that provided financial assistance to unauthorized immigrants.
“These laws unconstitutionally discriminate against American citizens who are not offered equal tuition rates or scholarships, in direct conflict with federal law,” the Justice Department said in a statement in September.
According to the National Immigration Law Center, at least 22 states There are “equity” tuition laws and 14 states provide tuition assistance to students who meet certain conditions, regardless of their immigration status.
According to the Immigration Law Center, federal law does not prevent states from providing in-state tuition to undocumented immigrants if it provides the same opportunity to nonresidents who meet the same requirements.
“This is a simple matter of federal law: In Virginia and across the country, schools cannot provide benefits to illegal aliens that they do not provide to American citizens,” US Attorney General Pam Bondi said. “This Justice Department will not tolerate American students being treated like second-class citizens in their own country.”
