Justice Department Sues Virginia Over Undocumented Students' In-State Tuition

The United States Department of Justice filed a federal lawsuit against Virginia on December 30, 2025, challenging state laws that allow undocumented immigrants to access in-state tuition rates and financial aid at public colleges and universities. Filed in the U.S. District Court for the Eastern District of Virginia, the suit argues that the policy violates the Supremacy Clause of the U.S. Constitution and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 by favoring unlawful aliens over U.S. citizens residing outside the state.

U.S. Attorney General Pamela Bondi stated the action aims to prevent American students from being treated like second-class citizens, asserting that schools cannot provide benefits to illegal aliens that are denied to U.S. citizens. This legal move follows an April 2025 Executive Order from President Donald Trump directing agencies to challenge similar state laws, with previous actions taken against California, Illinois, and Oklahoma. The challenged Virginia policy was established via 2020 legislation signed by former Governor Ralph Northam.

In a surprising alignment, Virginia Attorney General Jason Miyares supported the federal government's position and joined a motion to invalidate the law. In response, the Legal Aid Justice Center and the American Civil Liberties Union filed a motion on December 31 to intervene on behalf of Virginia’s Dream Project. These organizations are requesting a pause in proceedings to ensure that the more than 10,000 affected students can provide input, arguing that the agreement between the state and federal governments has removed the adversarial process from the case.