Federal lawsuit challenges Virginia tuition and aid policies under immigration law.
The United States has filed a lawsuit against the Commonwealth of Virginia over state laws that allow certain non-citizens without legal status to receive in-state college tuition and financial aid. Federal officials argue that these policies break federal law by giving benefits to people who are not legally present in the country while denying the same benefits to United States citizens who live outside Virginia. The case reflects a growing conflict between federal immigration rules and state education policies.
According to the complaint, Virginia law requires public colleges and universities to charge in-state tuition to students who live in Virginia for a set period of time, even if those students are not lawfully present in the country. The state also allows some of these students to receive public financial assistance. Federal officials say this system places U.S. citizens at a disadvantage, since citizens from other states must pay higher tuition and may not qualify for the same aid.
The Department of Justice argues that federal law is clear on this issue. States may not offer benefits to people who are in the country illegally if those same benefits are not offered to U.S. citizens on equal terms. By offering lower tuition and financial support to non-citizens without legal status, Virginia is said to be treating American students unfairly and violating federal standards that govern immigration and public benefits.
Attorney General Pamela Bondi stated that American students should not be treated as second-class citizens in their own country. The department’s position is that public education benefits funded by taxpayers must follow federal law and apply fairly. Officials also argue that these state policies may encourage illegal immigration by rewarding people who remain in the country without permission.
The lawsuit was filed in the Eastern District of Virginia, Richmond Division. The federal government is asking the court to block enforcement of the challenged legislation and require Virginia to bring its tuition laws into line with federal requirements. If successful, the case could force changes to how Virginia colleges determine tuition rates and who qualifies for state-based financial aid.
This legal action follows two executive orders signed by President Donald Trump that focus on limiting taxpayer support for illegal immigration and reducing benefits provided to non-citizens without legal status. These orders direct federal agencies to review and challenge state policies that conflict with federal immigration law. The Virginia case is part of a broader effort to enforce those directives.
Similar lawsuits have already been brought in other states, including Texas, Kentucky, Illinois, Oklahoma, Minnesota, and California. In each case, the federal government has raised the same concern: that state tuition and aid policies may unlawfully favor non-citizens over U.S. citizens. Supporters of these lawsuits say they protect fairness and the rule of law, while critics argue they restrict access to education.
As the case moves forward, it may have wider effects beyond Virginia. A court ruling could influence how other states design their tuition and financial aid programs. The outcome may also shape future debates about immigration, education access, and the balance of power between state governments and federal authority.
Sources:
DOJ challenges Virginia law granting in-state tuition to illegal immigrants
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