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3h ago

Justice Department Sues Virginia Over In-State Tuition and Aid for Unauthorized Immigrants

Prosecutors say Virginia’s policy is preempted by federal immigration law under the Supremacy Clause.

The seal of the U.S. Justice Department is seen on the podium in the Department's headquarters briefing room before a news conference with the Attorney General in Washington, January 24, 2023. REUTERS/Kevin Lamarque/File Photo
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Overview

  • The 13-page federal complaint, filed in Richmond, seeks a permanent injunction blocking Virginia from enforcing the challenged tuition and financial aid provisions.
  • The DOJ argues Virginia confers a residence-based benefit on people unlawfully present that is not available on equal terms to nonresident U.S. citizens, citing 8 U.S.C. § 1623(a).
  • Virginia’s law, in effect since 2022, allows students who establish domicile to receive in-state rates and bars colleges from disqualifying applicants based on immigration status.
  • The case adds to a series of DOJ challenges since June targeting similar policies in Texas, Kentucky, Oklahoma, Illinois, and California, with agreements reached in the three Republican-led states and litigation ongoing in Illinois and California.
  • The filing arrives as Virginia transitions from Gov. Glenn Youngkin to Gov.-elect Abigail Spanberger, with a judge yet to be assigned to the case.