The Trump administration is suing the Commonwealth of Virginia over allegations that it allows noncitizen students to pay in-state tuition.
The lawsuit argues that the policy violates federal immigration law and the Constitution’s Supremacy Clause.
Federal law “prohibits States from providing aliens who are not lawfully present in the United States with any postsecondary education benefit that is denied to U.S. citizens,” according to the complaint. But “Virginia violates it nonetheless” by allowing illegal immigrants to be treated as residents for tuition and state financial aid, while citizens from other states must pay a higher out-of-state tuition.
The lawsuit details how Virginia’s statutes work and why they violate federal law. The filing contends that by “conferr[ing] in-state tuition benefits on unlawfully present aliens that are not available to all United States citizens on the same terms, regardless of residency,” Virginia’s policies “are preempted under the Supremacy Clause and are therefore unconstitutional.”
🚨🚨🚨The Trump administration’s DOJ has filed a federal lawsuit against Virginia over its law granting in-state tuition and state financial aid to illegal immigrants.
— Jeff Charles, Asker of Questions🏴 (@jeffcharlesjr) December 31, 2025
The complaint argues Virginia’s statute is preempted by federal law because it gives residency-based higher-ed… pic.twitter.com/Pey6gh5yjU
The White House lays out how Virginia’s policies affect broader immigration policy. This includes efforts to eliminate incentives for foreigners to enter the country illegally and prevent illegal immigrants from obtaining taxpayer-funded benefits. The complaint notes that federal law “preempts state rules that grant illegal aliens benefits when U.S. citizens haven’t received the same.”
🚨New: The Trump administration is suing Virginia for giving in state tuition to illegal immigrants.
— Nick Minock (@NickMinock) December 30, 2025
The lawsuit says:
“Federal law prohibits States from providing aliens who are not lawfully present in the United States with any postsecondary education benefit that is denied… pic.twitter.com/2Q48qHiOFq
Virginia passed its law in 2020 when Democrat Ralph Northam was governor. It allows illegal immigrants to pay in-state tuition if they attending a Virginia high school for at least two years and graduated. However, the law requires these students to have legal immigration status or have filed paperwork to obtain legal status.
The law applies regardless of immigration status as long as the student meets the requirements. Democrats touted the law as a way to help longtime residents who grew up in the state but lack legal status to access higher education.