On Tuesday, the U.S. Department of Justice initiated a lawsuit against Virginia laws that permit undocumented immigrants to access in-state tuition rates and specific types of financial aid at public colleges and universities.
In a complaint lodged in the U.S. District Court for the Eastern District of Virginia, Richmond Division, the federal government claims that the state’s policies unfairly discriminate against U.S. citizens by providing lower tuition, scholarships, and financial support to those who are not legally present in the country. The Justice Department argues that these laws are at odds with federal regulations and encourage illegal immigration.
“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,” Attorney General Pamela Bondi said in a statement. She added that the department would not allow American students to be treated as “second-class citizens.”
The lawsuit seeks to block enforcement of Virginia laws that require colleges and universities to offer in-state tuition rates to residents regardless of their immigration status. It also aims to prevent the state from continuing to provide financial assistance to undocumented immigrants.
According to the Justice Department, federal law prohibits states from extending postsecondary education benefits to undocumented immigrants unless those same benefits are available to all U.S. citizens, regardless of residency.
The legal challenge follows two executive orders signed by President Donald Trump aimed at preventing undocumented immigrants from receiving taxpayer-funded benefits or preferential treatment. Those orders are titled “Ending Taxpayer Subsidization of Open Borders” and “Protecting American Communities From Criminal Aliens.”
State officials in Virginia had not immediately responded to the lawsuit at the time of filing.
