❓WHAT HAPPENED: The Trump administration has filed a lawsuit against Virginia over a law allowing some illegal immigrants to pay in-state tuition rates.
👤WHO WAS INVOLVED: The Justice Department, U.S. Attorney General Pamela Bondi, and Virginia state officials.
📍WHEN & WHERE: The lawsuit was filed in Richmond, Virginia, by the Trump administration.
💬KEY QUOTE: “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.” – U.S. Attorney General Pamela Bondi.
🎯IMPACT: The lawsuit challenges Virginia’s policy and seeks to halt in-state tuition rates and other benefits for illegal immigrants.
The Trump administration has filed a lawsuit against Virginia, challenging a state law that allows certain migrants living in the country illegally to qualify for in-state tuition and other education benefits at public colleges and universities. The Department of Justice (DOJ) filed the 13-page complaint in federal court in Richmond, arguing that Virginia’s policy violates federal law by granting postsecondary education benefits to illegal immigrants that are not equally available to U.S. citizens. Federal law prohibits states from providing such benefits unless the same terms are offered to all American citizens, regardless of where they live.
According to the lawsuit, Virginia permits students to receive in-state tuition if they establish residency in the state for at least one year, even if they lack lawful immigration status. The administration contends that this policy discriminates against U.S. citizens who cannot afford reduced tuition rates or qualify for the same financial assistance.
“This is not only wrong but illegal. The challenged act’s discriminatory treatment in favor of illegal aliens over citizens is squarely prohibited and preempted by federal law,” the complaint states. “There are no exceptions. Virginia violates it nonetheless.”
The Justice Department also argues that the law encourages illegal immigration by offering taxpayer-funded benefits tied to state residency. The lawsuit asks the court to block Virginia from providing in-state tuition, financial aid, or other state education benefits to illegals.
U.S. Attorney General Pamela Bondi said the issue is straightforward under 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,” Bondi said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
Virginia is one of several states facing legal action over tuition policies for illegal immigrants. The Trump administration has filed similar lawsuits against Texas, Kentucky, Illinois, Oklahoma, Minnesota, and California. In Texas, state officials moved earlier this year to end a long-standing policy that allowed illegal immigrants to pay in-state tuition following federal pressure.
The legal challenges follow executive orders President Donald J. Trump signed after returning to office, directing federal agencies to ensure that illegal immigrants do not receive taxpayer-funded benefits or preferential treatment over U.S. citizens. The administration has said it will continue challenging state laws it believes conflict with federal immigration statutes.
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