Justice Department Sues Virginia Over In-State Tuition Aid for Unauthorized Immigrants

The Justice Department sued Virginia on Monday over the state’s policy of granting unauthorized immigrants in-state financial aid at public colleges and universities, saying the assistance violates federal law because it discriminates against U.S. citizens living in other states. The case centers on a section of Virginia law that allows students who have lived in the state for at least two years to qualify for in-state tuition.

In its complaint, the Justice Department argued that the provision illegally favors unauthorized immigrants living in Virginia over U.S. citizens who reside outside the state and would not be eligible for the reduced tuition, and said, "This is not only wrong but illegal," adding that the treatment is "squarely prohibited and pre-empted by federal law." The filing is the latest in a series of actions from the Trump administration aimed at blocking states from extending tuition benefits to unauthorized immigrants; the department in November sued California and in September sued Illinois over similar policies, and a federal judge in June blocked a Texas law that provided unauthorized immigrants in-state tuition.

Texas became the first state to offer in-state tuition to unauthorized students in 2001, according to the National Immigration Forum. Virginia’s 2020 law allowing unauthorized immigrants to receive in-state tuition was signed by then-Governor Ralph Northam. State Senator Jennifer B.

Key Topics

Politics, Justice Department, Virginia, In-state Tuition, Unauthorized Immigrants, Plyler V. Doe