RICHMOND, Va. (WRIC) -- Immigrant advocates say they're thrilled after a federal judge sided with the commonwealth to allow immigrant and undocumented students to keep paying in-state tuition rates. Months after the U.S. Department of Justice sued to end Virginia's Dream Act, a federal judge ruled on Monday, Oct. 5, that the policy could continue, despite the DOJ calling it unconstitutional and discriminatory. The Dream Act gives undocumented and refugee students in-state tuition rates if they meet certain criteria like graduating from a Virginia high school and paying state taxes. "The financial obstacles to college are the main obstacles," said Zuraya Tapia-Hadley, CEO of The Dream Project, a non-profit supporting undocumented students in Virginia with scholarships and mentoring. RELATED: Dream Project, organizations file motion to dismiss DOJ’s tuition lawsuit against Virginia In December 2025, the DOJ sued to challenge Virginia's Dream Act, alleging it violates federal law and discriminates against U.S. citizens. Then-Attorney General Jason Miyares entered an agreement with the federal government at that time to surrender without going to court. The Dream Project, the ACLU of Virginia and the Legal Aid Justice Center filed an emergency motion to intervene in the lawsuit. After his inauguration in January, Attorney General Jay Jones withdrew from the agreement Miyares made. On Oct. 5, a federal judge ruled in Virginia's favor to keep the policy in place. "We're thrilled that the Dream Act remains the law of the land in Virginia," Tapia-Hadley said. "Allowing over 5,000 high school seniors today to have access to in-state tuition next year." Tapia-Hadley said without the Dream Act, tuition for some students she served would have doubled or even tripled. "They're doing everything possible to make, and barely making, ends meet with the benefit of in-state tuition, and they're paying taxes," Tapia-Hadley said. "So taking away in-state tuition would have just made it completely unattainable." The court ruling said it's virtually certain the Trump administration will appeal, and Tapia-Hadley said she could see the case going to the Supreme Court. Attorney General Jones said he remains ready to fight the case and protect the law. 8News reached out to former Attorney General Miyares and the DOJ for comment and did not receive a response at the time of publishing. ...read more read less