DOJ sues Virginia for awarding in-state tuition and financial aid to undocumented immigrants
This adds to a broader legal offensive by the Trump administration against states with similar laws. Texas, Kentucky and Oklahoma have already agreed to eliminate in-state tuition for undocumented immigrants, while Illinois and California continue to litigate the issue.
U.S. Attorney General Pam Bondi.
The Department of Justice (DOJ), under the administration of President Donald Trump, filed a lawsuit against the state of Virginia over a law that allows undocumented immigrants to access reduced in-state tuition and state-administered financial aid programs for higher education.
In a legal filing Monday, the DOJ argued that Virginia's legislation directly violates federal immigration law by granting postsecondary educational benefits to people who are not lawfully in the country, while such benefits are barred to U.S. citizens residing outside the state.
"Federal law prohibits States from providing aliens who are not lawfully present in the United States with any postsecondary education benefit that is denied to U.S. citizens," the lawsuit states, expressly citing Title 8 U.S.C. § 1623(a), which does not provide for exceptions.
Politics
Trump Administration pushes to eliminate in-state tuition for undocumented immigrant students
Agustina Blanco
The core of the legal dispute
The Justice Department specifically challenges §§ 23.1-502 and 23.505.1 of the Virginia Code, which classify undocumented immigrants as residents of the state under certain conditions. This classification allows them access to reduced tuition rates and state financial assistance at public universities in that state.
According to the DOJ, this situation creates discriminatory treatment, as U.S. citizens from other states must pay higher tuition as non-resident students, while undocumented immigrants receive benefits traditionally reserved for legal residents.
"The challenged act’s discriminatory treatment in favor of illegal aliens over U.S. citizens is squarely prohibited and preempted by federal law," the complaint contends.
In that regard, the federal government argues that the state regulation is unconstitutional under the Supremacy Clause of the country's Constitution, which establishes the primacy of federal law over state law in case of conflict.
The DOJ asked the court to declare the Virginia law in its application to undocumented immigrants invalid and permanently bar its implementation.
DOJ expands its national offensive
Simultaneously, the Department of Education announced the end of undocumented immigrants' access to federal funds for technical, vocational and adult education, reversing Clinton-era rules as contrary to federal law.
The new interpretation also reaffirms that undocumented immigrants are not eligible for Pell Grants or federal student loans.
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