Virginia, DOJ Seek to Void In-State Tuition Law for Undocumented Students
A federal judge now considers a proposed consent decree requesting invalidation of the statute.
Overview
- The Justice Department filed suit in the Eastern District of Virginia arguing the 2020 law conflicts with federal immigration statutes and unlawfully extends in-state rates.
- Outgoing Attorney General Jason Miyares joined the DOJ in a joint filing asking the court to declare the Virginia Dream Act invalid and to bar its enforcement.
- Legal Aid Justice Center, the ACLU of Virginia, and the Dream Project filed emergency motions to intervene, warning students could lose in-state tuition midyear if the decree is approved.
- Attorney General-elect Jay Jones criticized the move as an attack on students and said his team is reviewing legal options for the Commonwealth.
- Inside Higher Ed reports the proposed order would make Virginia the fourth state to roll back such policies, with filings citing an estimated 13,000 undocumented students enrolled in 2018.