By Shirleen Guerra | The Center Square(The Center Square) – A Virginia law governing who qualifies for in-state tuition and certain forms of state financial aid is now the subject of a federal lawsuit filed by the U.S. Department of Justice.
The lawsuit was filed Dec. 29 in the U.S. District Court for the Eastern District of Virginia, Richmond Division. The federal government argues that Virginia’s approach to determining eligibility for in-state tuition conflicts with federal immigration law.
At issue are state laws that allow some students to qualify for reduced in-state tuition rates at public colleges and universities based on factors such as high school attendance, residency and tax filings, regardless of immigration status. Those same provisions can also affect eligibility for certain state-administered financial assistance.
According to the complaint, federal immigration law places limits on how states can offer postsecondary education benefits based on residency. The Justice Department argues that federal law does not allow states to offer in-state tuition or similar benefits to people who are not lawfully present in the United States unless those same benefits are also available to U.S. citizens nationwide.
“Federal law prohibits states from providing aliens who are not lawfully present in the United States with any postsecondary education benefit that is denied to U.S. citizens,” the complaint states. “There are no exceptions. Virginia violates it nonetheless.”
The lawsuit states that Virginia’s law allows undocumented students who meet specific residency and tax-filing requirements to qualify for in-state tuition, while U.S. citizens who reside outside the commonwealth must pay higher out-of-state rates at the same public colleges and universities.
Federal statutes cited in the filing were enacted in the 1990s and place limits on eligibility for public benefits based on immigration status. When state laws conflict with those federal requirements, the Justice Department argues, federal law takes precedence.
The lawsuit requests that the court declare the challenged Virginia provisions unconstitutional as applied and issue a permanent injunction preventing the commonwealth from enforcing them.
The Virginia case follows similar federal legal challenges involving tuition and education benefit policies nationwide, according to the complaint.
A judge has not yet been assigned to the case.