DOJ sues Virginia over in-state tuition for undocumented students [View all]
Source: NBC News
Dec. 30, 2025, 2:36 PM EST
The Justice Department is suing Virginia over its policy of allowing students without legal immigration status access to in-state tuition rates at its public colleges and universities. In a lawsuit filed late Monday, the Trump administration said the Virginia Education Code “directly” conflicts with federal immigration law.
“Federal law prohibits States from providing aliens who are not lawfully present in the United States with any postsecondary education benefit that is denied to U.S. citizens,” Elianis Perez, assistant director at the Office of Immigration Litigation at DOJ, wrote. “There are no exceptions.”
According to the complaint, since 2022 Virginia law has allowed students without legal immigration status who have lived in the state for at least two years to benefit from reduced, in-state tuition rates while denying that same benefit to citizens who are not residents of Virginia.
The office of Gov. Glenn Youngkin, a Republican, did not immediately respond to a request for comment. Similar lawsuits have been filed against other states that have comparable tuition programs.
Read more: https://www.nbcnews.com/news/us-news/doj-sues-virginia-undocumented-in-state-tuition-rcna251554
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