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yesterday

Justice Department Sues Virginia Over In-State Tuition and Financial Aid for Undocumented Students

The case tests federal preemption claims at the center of the administration’s multi-state challenge to tuition-equity laws.

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 DOJ filed a 13-page complaint in federal court in Richmond seeking to block Virginia provisions that extend in-state tuition and state aid to students without legal status.
  • Prosecutors argue Virginia’s policy conflicts with 8 U.S.C. §1623(a) and is preempted under the Supremacy Clause because similar benefits are not available to U.S. citizens from other states.
  • Virginia’s law, enacted in 2021 and applied since 2022, lets certain noncitizen residents qualify for in-state rates and state-administered financial assistance regardless of immigration status.
  • The government is asking for a permanent injunction, adding the case to earlier DOJ suits against Texas, Kentucky, Oklahoma, Illinois, Minnesota and California, some of which resulted in settlements.
  • A judge had not been assigned at the time of filing, Virginia officials had not issued a substantive response, and the action comes days before Governor Glenn Youngkin departs office.