Additional Coverage:
Trump Administration Sues Virginia Over In-State Tuition for Undocumented Students
RICHMOND, VA – The Trump administration has initiated legal action against the Commonwealth of Virginia, challenging a state law that permits certain undocumented immigrants to pay in-state tuition rates at public universities and colleges. The lawsuit, filed by the Justice Department in Richmond, argues that Virginia’s law violates federal statutes prohibiting states from offering postsecondary education benefits to undocumented immigrants that are not extended to U.S. citizens.
The federal complaint contends that Virginia’s policy unfairly discriminates against American citizens who may not qualify for the same reduced tuition, scholarships, or subsidies, and furthermore, incentivizes illegal immigration.
“This is not only wrong but illegal,” the 13-page complaint asserts. “The challenged act’s discriminatory treatment in favor of illegal aliens over citizens is squarely prohibited and preempted by federal law.
There are no exceptions. Virginia violates it nonetheless.”
Under Virginia state law, students who establish residency in the commonwealth for at least one year can become eligible for in-state tuition, irrespective of their immigration status. The lawsuit seeks an injunction to prevent Virginia from continuing to provide in-state tuition rates, financial aid, or other state benefits to undocumented immigrants.
U.S. Attorney General Pamela Bondi commented on the suit, stating, “This is a simple matter of federal law: in Virginia and nationwide, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens. This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
As of press time, the office of Virginia Attorney General Jason Miyares has been contacted for comment.
This legal challenge is not an isolated incident. The Trump administration has previously filed similar tuition-related lawsuits against several other states, including Texas, Kentucky, Illinois, Oklahoma, Minnesota, and California. President Donald Trump, upon assuming office, signed executive orders aimed at preventing undocumented immigrants from receiving taxpayer-funded benefits or preferential treatment.