Trump Administration Sues Virginia Over Undocumented Immigrant Tuition Law

The Trump administration has initiated a lawsuit against Virginia, challenging a law that permits certain undocumented immigrants to access in-state tuition rates at colleges.

Federal regulations typically prevent states from offering educational benefits that aren’t available to U.S. citizens to undocumented individuals. The Department of Justice, which brought the case in Richmond, claims that Virginia’s legislation unfairly discriminates against American citizens who may not have the same financial assistance options, ultimately fostering illegal immigration.

“This is not only unjust but also illegal. The preferential treatment this law gives to undocumented immigrants over citizens is expressly against federal law,” a complaint contends, noting that Virginia remains in violation without exceptions.

According to state law, students who establish residency in Virginia for at least a year could qualify for in-state tuition, irrespective of their immigration status. The lawsuit requests that the state cease offering in-state tuition, financial aid, and other benefits to undocumented immigrants.

U.S. Attorney General Pamela Bondi emphasized, “This is a straightforward matter of federal law: schools cannot award benefits to undocumented immigrants that they do not offer to American citizens. The Department of Justice will not stand idly by while American students are treated as second-class citizens in their own country.”

Requests for comments have been sent to Virginia Attorney General Jason Miyares’ office. The Trump administration has undertaken similar legal challenges regarding tuition in other states including Texas, Kentucky, Illinois, Oklahoma, Minnesota, and California.

Shortly after taking office, President Trump enacted two executive orders aimed at restricting access for undocumented immigrants to taxpayer-funded services and preferential treatment.