DOJ Lawsuit Against Virginia Over Tuition Discounts for Undocumented Immigrants
The Department of Justice (DOJ) has initiated legal action claiming that Virginia unlawfully provides college tuition discounts to undocumented immigrants.
Under state education law, these individuals are considered Virginia residents, which allows them to qualify for in-state tuition rates. The DOJ argues that this creates benefits for undocumented residents that are not accessible to many American citizens, calling it “not only wrong but illegal.”
According to court documents, “Federal law prohibits states from providing secondary education benefits not available to U.S. citizens to aliens who are not lawfully present in the United States. There are no exceptions.” The DOJ is urging the court to halt this practice permanently, asserting that Virginia is violating federal immigration law.
This classification could lead to undocumented immigrants paying almost $40,000 more than resident Americans. For instance, during the 2025-2026 academic year, the University of Virginia charged in-state students $23,897 for undergraduate tuition, while out-of-state students faced a bill of $62,923.
The lawsuit references federal immigration law, which states that “an alien who is not lawfully present in the United States is not eligible to receive post-secondary education benefits based on residence within a state, regardless of whether the citizen or national is such resident.”
This isn’t the first time federal authorities have challenged state policies that favor undocumented immigrants. The Trump administration previously took action against several states with similar regulations. For example, Texas collaborated with the DOJ to repeal its own law permitting in-state tuition for undocumented students.
In February, President Trump signed a directive requiring government agencies to ensure that “taxpayer-funded benefits do not go to ineligible aliens.” This order aimed to prevent states from using taxpayer money to support undocumented residents or hinder deportation efforts. In July, the federal government also rescinded a rule from the Clinton era that allowed undocumented immigrants to access taxpayer funds for trade and technical schools.
