Archive · 30 Dec 2025
US Sues Virginia Over In-State Tuition for Migrants
The U.S. government is suing Virginia because of a law that lets immigrants who are not in the country legally pay lower tuition at public colleges, just like people who are citizens of Virginia.
The government says this is not allowed because federal law doesn't let states give these benefits to people who are not citizens.
The law was made in 2021 and supporters say it helps immigrant students go to college.
But the government says it's not fair to students from other states who are citizens.
Other states have similar laws, and the government has sued some of them too.
The U.S. Department of Justice sued Virginia over a law allowing unauthorized immigrants to pay in-state tuition at public colleges.
The law was enacted in 2021 and supporters argue it removes financial barriers for immigrant students.
The Justice Department claims the law conflicts with federal immigration law and violates the U.S. Constitution.
At least 21 other states and D.C. have similar 'tuition equity' laws, with 14 states providing financial aid regardless of immigration status.
The Trump administration has filed at least six similar lawsuits in other states, with Texas and Oklahoma settling quickly.
- Who
- U.S. Department of Justice vs. State of Virginia
- What
- Lawsuit challenging Virginia law allowing in-state tuition for unauthorized immigrants
- When
- Filed on December 30
- Where
- Richmond federal court
- Why
- Justice Department argues the law conflicts with federal immigration law and violates the U.S. Constitution
- Law in Question
- Virginia law allowing in-state tuition for unauthorized immigrants
- Year Enacted
- 2021
- Plaintiff
- U.S. Department of Justice
- Defendant
- State of Virginia
- Federal Law Cited
- Illegal Immigration Reform and Immigrant Responsibility Act of 1996
- Similar Laws
- 21 other states and D.C. have similar 'tuition equity' laws
- States with Financial Aid
- 14 states, including Virginia, provide state financial aid regardless of immigration status
- Previous Lawsuits
- 6 lawsuits filed by Trump administration against similar policies in other states