DOJ challenges Virginia law granting in-state tuition to illegal immigrants

Illegal Immigrants

DOJ challenges Virginia law granting in-state tuition to illegal immigrants

The Justice Department argues that state law violates federal prohibition on giving illegal immigrants benefits denied to US citizens

Louis Casiano Fox News

Published

December 30, 2025 3:56pm EST

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The Trump administration is suing Virginia over a law that allows some illegal immigrants to pay in-state tuition rates to attend universities and colleges.

Federal law prohibits states from providing illegal immigrants postsecondary education benefits that are denied to U.S. citizens.

The Justice Department, which filed the lawsuit in Richmond, argues that Virginia state law discriminates against American citizens who can’t afford the same reduced tuition rates, scholarships or subsidies and that it incentivizes illegal immigration.

"This is not only wrong but illegal. The challenged act’s discriminatory treatment in favor of illegal aliens over citizens is squarely prohibited and preempted by federal law," the 13-page complaint states. "There are no exceptions. Virginia violates it nonetheless."

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Under state law, students who establish residency in Virginia for one year could be eligible for in-state tuition, regardless of their immigration status.

The complaint urges Virginia to stop providing illegal immigrants with in-state tuition rates, financial aid or other state benefits.

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The University of Virginia campus. The Trump administration is suing Virginia over a state law that makes some illegal immigrants eligible for in-state tuition. (Getty Images)

"This is a simple matter of federal law: in Virginia and nationwide, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens," said U.S. Attorney General Pamela Bondi. "This Department of Justice will not tolerate American students being treated like second-class citizens in their own country."

Fox News Digital has reached out to the office of Virginia Attorney General Jason Miyares for comment.

The Trump administration has filed tuition lawsuits against several other states, including Texas, Kentucky, Illinois, Oklahoma, Minnesota and California.

AG Pam Bondi speaks during a press conference.

U.S. Attorney General Pam Bondi during a news conference at the Department of Justice (DOJ) in Washington. (Eric Lee/Bloomberg via Getty Images)

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Upon taking office, President Donald Trump signed two executive orders to ensure illegal immigrants can't obtain taxpayer benefits or preferential treatment.

Louis Casiano is a reporter for Fox News Digital. Story tips can be sent to louis.casiano@fox.com.

DOJ challenges Virginia law granting in-state tuition to illegal immigrants