The Department of Justice filed a federal lawsuit against the Commonwealth of Virginia on Monday, arguing that state laws allowing undocumented immigrants to pay in-state tuition rates are unconstitutional and discriminate against U.S. citizens from other states.
The complaint, filed in the U.S. District Court for the Eastern District of Virginia, seeks an immediate injunction to stop state colleges and universities from offering reduced tuition to students the federal government classifies as “illegal aliens.”
At the center of the legal battle is a massive price discrepancy. The lawsuit points to the University of Virginia as a prime example: for the 2025-2026 academic year, Virginia residents pay roughly $23,897 in tuition, while out-of-state American citizens are charged $62,923.
READ: Bar Association Targets Veteran Illinois Judge, Demands Removal Over ‘Pro-Trump’ Op-Ed
Federal prosecutors argue that Virginia is violating the Supremacy Clause and a 1996 federal immigration law. That statute, 8 U.S.C. § 1623(a), prohibits states from giving postsecondary education benefits to undocumented immigrants based on residency unless the same benefit is given to any U.S. citizen, regardless of where they live.
“The challenged act’s discriminatory treatment in favor of illegal aliens over U.S. citizens is squarely prohibited and preempted by federal law,” the complaint alleges.
Virginia law currently allows students who are not lawfully present in the U.S. to qualify for in-state rates if they attended a Virginia high school for two years and their families filed state taxes. The state framework essentially treats these students as residents for tuition purposes.
The Justice Department dismisses this as a workaround, arguing in the filing that states “cannot evade express preemption by a de facto ‘residency’ requirement laundered through the State’s high school attendance or tax filing requirements.”
READ: ‘Land Of Make-Believe’: Minnesota Senate Hopeful Hann Rips Flanagan Over Hijab, Fraud Scandal
The lawsuit explicitly cites Executive Orders signed by President Trump in early 2025, including an April order titled “Protecting American Communities From Criminal Aliens.” That order directed federal agencies to challenge state laws that provide tuition benefits to undocumented immigrants that are not available to out-of-state Americans.
If the court sides with the federal government, Virginia’s public universities would be barred from offering the lower tuition rate to undocumented students unless the state essentially lowers tuition for every American citizen nationwide to the in-state level—a move that would be financially impossible for the state’s university system.
The lawsuit requests that the court declare the relevant sections of the Virginia Code unconstitutional and issue a permanent injunction blocking their enforcement.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
