By Michael Phillips | Virginia Bay News
The U.S. Department of Justice has filed a federal lawsuit against the Commonwealth of Virginia, challenging state laws that allow undocumented immigrants to receive in-state tuition rates and state financial aid at public colleges—benefits that are denied to many U.S. citizens from other states.
The complaint, filed December 30 in the U.S. District Court for the Eastern District of Virginia, argues that Virginia’s policies directly conflict with federal immigration law and unlawfully discriminate against American citizens.
The Legal Argument
According to the DOJ, Virginia’s tuition policy violates the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), specifically 8 U.S.C. § 1623. That statute bars states from granting postsecondary education benefits to individuals unlawfully present in the United States based on residency unless the same benefits are made available to all U.S. citizens—regardless of where they live.
Under Virginia law, undocumented students who attend a Virginia high school for a set number of years and meet certain domicile requirements can qualify for in-state tuition and, in some cases, state financial aid. Out-of-state U.S. citizens, however, must pay significantly higher tuition rates.
At the University of Virginia, for example, in-state tuition for the 2025–2026 academic year is roughly $24,000, compared to more than $60,000 for out-of-state students.
“This is a simple matter of federal law,” said Attorney General Pamela Bondi in a statement accompanying the lawsuit. “Schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens. American students should not be treated like second-class citizens in their own country.”
Trump Administration Enforcement Push
The lawsuit is part of a broader immigration enforcement strategy under President Donald Trump’s second term. In February 2025, Trump signed an executive order directing federal agencies to prevent taxpayer-funded benefits from being provided to individuals unlawfully present in the United States.
DOJ officials say Virginia is one of several states targeted for review. Similar legal actions have already been filed against or resolved with states including California, Texas, Illinois, Oklahoma, Kentucky, and Minnesota. In some cases, states have agreed to modify or suspend their tuition equity programs rather than continue litigation.
Virginia’s Policy Origins
Virginia’s tuition rules were enacted between 2020 and 2022 under then-Governor Ralph Northam, as part of a broader Democratic-led push to expand access to higher education for students brought to the U.S. illegally as children.
Supporters argue the policy helps students who have lived most of their lives in Virginia, graduated from local schools, and are likely to remain in the state workforce. Critics counter that the law incentivizes illegal immigration while shifting financial burdens onto taxpayers and disadvantaging American families who live just across state lines.
What Happens Next
The DOJ is seeking an injunction to block enforcement of Virginia’s tuition and aid provisions and to require compliance with federal law. As of January 1, 2026, the case is newly filed, and no court rulings have been issued.
With more than 20 states and Washington, D.C., maintaining similar policies, the Virginia lawsuit is expected to become a key test case in the national debate over immigration, education policy, and equal treatment under the law.
For many center-right critics, the issue is straightforward: if states want to offer discounted tuition, those benefits should apply equally to U.S. citizens—or not at all.
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