The Trump administration has launched a sweeping federal lawsuit against the Commonwealth of Virginia, accusing state leaders of openly defying federal immigration law by granting illegal aliens discounted in-state college tuition while forcing American citizens from other states to pay dramatically higher rates.
In a civil complaint filed in the U.S. District Court for the Eastern District of Virginia, the Department of Justice argues that Virginia’s tuition scheme blatantly violates federal law and must be permanently shut down.
The lawsuit seeks declaratory and injunctive relief to block the enforcement of Virginia statutes that classify illegal aliens as state “residents” for tuition and financial aid purposes.
At the center of the case is a law passed in 2021 and effective since 2022, which allows illegal alien students who meet specific residency and high school graduation criteria in Virginia to pay in-state tuition regardless of their immigration status. They can also qualify for state financial aid.
Meanwhile, American citizens from neighboring states—or even military families temporarily stationed elsewhere—are forced to pay out-of-state tuition rates that can be tens of thousands of dollars higher.
The DOJ complaint states plainly that Virginia’s policy gives preferential treatment to illegal aliens over U.S. citizens, calling the practice “squarely prohibited and preempted by federal law.”
“In direct conflict with federal law, Virginia law permits an alien who is not lawfully present in the United States to qualify for reduced in-state rates and state-administered financial assistance based on residence within the state but does not make United States citizens eligible for such benefits without regard to whether the United States citizens are Virginia residents,” the lawsuit reads.
Hellbound and Down 