DOJ Sues Virginia Over Immigration Benefits Law
The Department of Justice has initiated a lawsuit against Virginia concerning a law that provides benefits like in-state tuition and state financial aid to illegal immigrants.
According to a legal filing made on Monday, the DOJ argued that “federal law prohibits the state from offering secondary education benefits to aliens who are not lawfully present in the United States, benefits that are not available to U.S. citizens.”
The DOJ pointed out that certain Virginia statutes classify illegal immigrants as residents under specific conditions. Consequently, these undocumented individuals can access in-state tuition rates and state financial aid for public universities, whereas out-of-state U.S. citizens cannot.
The legal complaint asserted, “Federal law bars states from granting secondary education benefits not extended to U.S. citizens to those not lawfully present in the country. Refer to 8 U.S.C. 1623(a). There are no exceptions. Virginia is in violation nonetheless. This court should intervene to halt enforcement of the relevant provisions of the Virginia Education Act that contradict federal immigration law.”
Some complaints include the following:
Virginia Statutes §§ 23.1-502 and 23.505.1 classify illegal aliens as Virginia residents under specified conditions. This classification permits undocumented immigrants to receive in-state tuition discounts and state-administered financial aid at public universities, while citizens from other states must pay higher out-of-state rates. This situation is not only incorrect but illegal. The uneven treatment favoring illegal immigrants over U.S. citizens contravenes federal law, which asserts that “no alien who is not lawfully present in the United States shall be entitled to secondary education benefits… based on state residency, whether a citizen or otherwise.” 8 USC § 1623(a) (emphasis added). Therefore, this action concerning illegal immigrants is unconstitutional under the Supremacy Clause of the United States Constitution. The court should invalidate Virginia laws applicable to illegal immigrants and declare them permanently unenforceable.
The Trump administration has previously challenged similar laws in states like Texas, Kentucky, Oklahoma, Illinois, and California, which permit illegal immigrants to receive in-state tuition. Texas, Kentucky, and Oklahoma have agreed to revoke in-state tuition benefits for undocumented individuals, while Illinois and California are still in litigation.
Earlier reports indicated that the Department of Education decided to stop taxpayer subsidies for career, technical, and adult education programs available to undocumented immigrants. The Department rescinded a standard from the Clinton administration that permitted such access to federal funds, which conflicted with the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). The newly interpreted rules also clarified that undocumented immigrants cannot access Pell grants or student loans.
Attempts to contact Virginia Attorney General Jason Miyares for comment were unsuccessful by publication time.
