DOJ files lawsuit against Virginia over migrant tuition aid policies
Dec 30, 2025
RICHMOND, Va. (WRIC) -- The Department of Justice (DOJ) filed a lawsuit against Virginia on Monday, alleging that the state's tuition aid policies for migrants violate federal law.
The department alleges that the laws unconstitutionally discriminate against U.S. citizens who can't afford the same r
educed tuition rates, scholarships or subsidies. The department also claims the policies create incentives for illegal immigration and reward illegal immigrants with ineligible benefits for American citizens.
"There are no exceptions. Virginia violates it nonetheless," the DOJ wrote in its Tuesday, Dec. 29 complaint. "This court should put an end to this and permanently enjoin the enforcement of provisions of the Virginia Education Code that directly conflict with federal immigration law."
The DOJ also claims that Virginia law conflicts with federal immigration law, which does not allow states to provide migrants with postsecondary education benefits denied to American citizens.
The complaint urges the Commonwealth to stop giving in-state tuition, financial aid or other state benefits to unauthorized immigrants.
The Virginia suit comes after universities reported a massive decrease in enrollment for international students, with the President Donald Trump administration initiating a crackdown.
During that period, multiple international students were arrested for connections to pro-Palestinian protests and interviews for foreign student visas were halted for weeks, The Hill reported.
The Trump administration previously sued other states in connection with the migrant students' tuition aid -- first with Texas, then followed by Kentucky, Illinois, Oklahoma, Minnesota and California.
The department filed the complaint in the Eastern District of Virginia in Richmond.
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