The Justice Department has initiated a lawsuit against Virginia concerning its policy that permits students without legal immigration status to access in-state tuition rates at public colleges and universities. The suit, filed late Monday, argues that Virginia’s education laws are in direct conflict with federal immigration statutes.
Details of the Lawsuit
According to Elianis Perez, assistant director at the Office of Immigration Litigation, federal immigration law prohibits states from providing educational benefits to individuals who are not legally present in the United States. “There are no exceptions,” Perez emphasized.
Virginia’s Policy on In-State Tuition
Since 2022, Virginia has allowed individuals without legal immigration status, who have resided in the state for a minimum of two years, to receive in-state tuition rates. This policy, however, denies the same financial benefits to U.S. citizens who are not Virginia residents.
Official Responses and Context
- The office of Governor Glenn Youngkin did not respond immediately to a request for comment.
- This lawsuit follows similar legal actions against other states, including Oklahoma, Illinois, and California.
In June, a federal judge blocked a policy in Texas that provided financial aid to unauthorized immigrants, citing conflicts with federal laws. The Justice Department stated that such state laws discriminate against U.S. citizens who cannot access the same reduced tuition rates or scholarships.
Broader Implications for Education Policies
The National Immigration Law Center reports that at least 22 states have enacted “equity” tuition laws. Additionally, 14 states offer tuition assistance to students regardless of immigration status, subject to certain conditions. It is important to note that federal law does not prohibit states from providing in-state tuition rates to undocumented immigrants if comparable benefits are offered to nonresidents meeting the same criteria.
Justice Department’s Position
U.S. Attorney General Pam Bondi reinforced the government’s stance: “This is a simple matter of federal law. Schools cannot provide benefits to illegal aliens that they do not offer to U.S. citizens.” The Justice Department aims to prevent discrimination against American students in educational settings.
