The Trump administration has filed a lawsuit against Virginia over legislation that permits certain undocumented immigrants to access in-state tuition rates at the state’s colleges and universities, arguing the practice violates federal law.

The Justice Department filed the 13-page complaint in Richmond, contending that federal law explicitly prohibits states from providing post-secondary education benefits to undocumented immigrants that are not available to U.S. citizens. The lawsuit claims Virginia’s policy creates an unlawful preference for non-citizens.

“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 complaint states. “There are no exceptions. Virginia violates it nonetheless.”

Under current Virginia law, students who establish residency in the state for one year can qualify for in-state tuition rates regardless of their immigration status. The difference between in-state and out-of-state tuition is substantial, often amounting to tens of thousands of dollars annually at major institutions like the University of Virginia.

U.S. Attorney General Pamela Bondi emphasized the administration’s position, saying, “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. This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”

The lawsuit seeks to stop Virginia from offering in-state tuition rates, financial aid, or other state educational benefits to undocumented immigrants. The Justice Department argues that such policies not only discriminate against American citizens who cannot access the same reduced rates but also serve as incentives for illegal immigration.

This case is part of a broader campaign by the Trump administration targeting similar policies in multiple states. The Justice Department has filed comparable tuition lawsuits against Texas, Kentucky, Illinois, Oklahoma, Minnesota, and California – all states with policies allowing some form of tuition assistance to undocumented students.

The legal challenges align with President Trump’s broader immigration agenda. Upon taking office, Trump signed two executive orders designed to prevent undocumented immigrants from receiving taxpayer-funded benefits or preferential treatment in government programs.

The Virginia Attorney General’s office, led by Jason Miyares, has not yet issued a public response to the lawsuit.

Education policy experts note that the case highlights ongoing tensions between state and federal authority on immigration issues. Proponents of in-state tuition for undocumented students often argue that these individuals have typically grown up in the state’s education system, with their families paying local and state taxes that help fund public universities.

Critics counter that providing such benefits could strain educational resources and potentially reward unlawful presence in the country. They also point to the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which contains provisions regarding postsecondary education benefits for non-citizens.

The outcome of this case could have significant implications for higher education access nationwide, potentially affecting thousands of students and establishing precedent for how states can structure tuition policies in relation to immigration status.

As of publication, the case awaits its first hearing in federal court, where judges will need to weigh complex questions of federal preemption, equal protection, and states’ rights in educational policy.