By Esther Wickham | The Center Square
(The Center Square) – The U.S. Department of Justice filed a lawsuit this week against Virginia, alleging the state unlawfully grants in-state college tuition rates to students who are not legally present in the United States.
The government is seeking a permanent injunction against certain provisions of the Virginia Education Code, which it claims conflict with federal immigration law.
The DOJ argues this policy allows illegal immigrants to access benefits denied to many U.S. citizens, calling the practice “not only wrong but illegal”.
“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 lawsuit states. “There are no exceptions. Virginia violates it nonetheless.”
Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act in 1996. According to the suit, the law was intended “to promote immigrant self-sufficiency, reduce immigrant reliance on public assistance, and ensure that public benefits are not incentives to enter illegally.”
“This Department of Justice will not tolerate American students being treated like second-class citizens in their own country,” Attorney General Pamela Bondi said in a press release.
Under the current classification, illegal immigrants can pay nearly $40,000 less than Americans who reside in another state, the lawsuit states.
For example, in the 2025-2026 school year, the University of Virginia charged in-state students $23,897 in undergraduate tuition, while out-of-state students paid $62,923, according to U.S. News & World Report.
The lawsuit is part of a broader effort by the Trump administration to challenge state laws that allow individuals without legal status to receive in-state tuition benefits.
In February, President Donald Trump signed an executive order directing federal agencies to ensure that “no taxpayer-funded benefits go to unqualified aliens.”
The order also called on agencies to prevent states from using public funds to subsidize individuals without legal status and to avoid policies that interfere with deportation efforts.
“Virginia permits unlawfully present aliens who satisfy the statute’s criteria to receive in-state tuition rates, while denying that same benefit to United States citizens who reside outside the Commonwealth,” the lawsuit states.
The lawsuit was filed in the U.S. District Court for the Eastern District of Virginia, Richmond Division.
“Esther is an education reporter for The Center Square. Please email her at ewickham@thecentersquare.com for tips or questions.”