The U.S. Department of Justice is suing Virginia over laws it says require public colleges and universities to offer in-state tuition rates to students who establish Virginia residency, regardless of their immigration status.
The lawsuit argues that the current status of Virginia law unconstitutionally provides undocumented students benefits not offered to others. In a release sent by the Justice Department, it is claimed that the current in-state tuition eligibility standards is in direct conflict with federal law.
“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 Attorney General Pam Bondi. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
Similar suits have been filed in Texas, Kentucky, Illinois, Oklahoma, Minnesota, and California.
The current eligibility for in-state tuition in Virginia allows a student to establish residency if they have been employed in the state for at least one year, and if "the student is employed full time in the Commonwealth and the student pays Virginia income taxes on all taxable income earned in the Commonwealth."
Additionally, the current law provides in-state tuition to foreign students "enrolled in a foreign exchange program approved by the institution of higher education during the same period in which a Virginia student from such institution is attending such foreign institution as an exchange student."
