RICHMOND, Va. β Virginia Attorney General Jay Jones filed a motion Wednesday to withdraw his predecessor's consent to a federal court judgment that would invalidate the state's law allowing undocumented students to receive in-state tuition rates at public colleges and universities.
"On day one, I promised Virginians I would fight back against the Trump Administration's attacks on our Commonwealth, our institutions of higher education, and most importantly β our students," Jones said in a statement.
The legal battle centers on a 2020 Virginia law that allows students who are undocumented but meet residency requirements to access in-state tuition at Virginia colleges and universities regardless of their immigration status.
The financial impact is significant. At Virginia Commonwealth University, Virginia residents pay approximately $32,000 annually, while out-of-state students pay over $55,000.
The controversy began when President Donald Trump's Attorney General Pam Bondi sued Virginia over the law, claiming it conflicts with federal law. The lawsuit alleges the policies "unconstitutionally discriminate against US citizens who are not afforded the same reduced tuition rates, scholarships or subsidies, create incentives for illegal immigration, and reward illegal immigrants with benefits that US citizens are not eligible for."
The day after the federal lawsuit was filed, then-Republican Attorney General Jason Miyares entered a joint motion with the Department of Justice in the final moments of his administration, agreeing that federal law preempts Virginia law on this issue. Miyares wrote on social media that "rewarding non-citizens with the privilege of in-state tuition is wrong and only further incentivizes illegal immigration."
Jones criticized the timing of Miyares' decision as "a deliberate attempt to beat the clock to prevent a new administration from defending them."
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Outgoing Virginia AG works to end in-state tuition for undocumented immigrants
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