The Justice Department Files Complaint Challenging Virginia Laws Providing In-State Tuition and Financial Assistance for Illegal Aliens

Today, the United States announced that it is challenging Virginia laws providing in-state tuition and financial assistance for illegal aliens. These laws unconstitutionally discriminate against U.S. 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 U.S. citizens are not eligible for, all 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 Pamela Bondi. "This Department of Justice will not tolerate American students being treated like second-class citizens in their own country."

The Department of Justice's complaint is filed in the Eastern District of Virginia, Richmond Division against the Commonwealth of Virginia seeking to enjoin the State from enforcing the Virginia laws and bring them into compliance with federal requirements.

In the complaint, the United States seeks to enjoin enforcement of Virginia laws that requires colleges and universities to provide in-state tuition rates for all aliens who maintain Virginia residency, regardless of whether those aliens are lawfully present in the United States. Additionally, the complaint seeks to enjoin Virginia from enforcing state laws which afford financial assistance to illegal aliens.

This lawsuit follows two executive orders signed by President Trump that seek to ensure illegal aliens are not obtaining taxpayer benefits or preferential treatment: "Ending Taxpayer Subsidization of Open Borders " and "Protecting American Communities From Criminal Aliens." This lawsuit also follows similar tuition lawsuits in Texas, Kentucky, Illinois, Oklahoma, Minnesota, and California.