Virginia has agreed to end its policy that allowed certain illegal immigrants to qualify for in-state tuition and financial aid at public colleges and universities, resolving a lawsuit filed by the U.S. Department of Justice (DOJ) late last year. The move resulted from a joint consent decree filed by Virginia’s outgoing Attorney General Jason Miyares, aligning the commonwealth with federal claims that the policy violated federal law by giving undocumented students benefits not available to all U.S. citizens.
The dispute centered on a 2020 Virginia statute—originating under a previous Democratic administration—that let students who attended Virginia high schools and met residency conditions pay in-state tuition regardless of immigration status. Under the consent agreement, this law will effectively be invalidated if a federal judge approves the decree.
The DOJ lawsuit, part of a broader Trump administration legal strategy challenging similar state tuition benefits, argued that such policies “unconstitutionally discriminate” by giving undocumented individuals advantages not extended to out-of-state U.S. citizens and potentially incentivize illegal immigration. Virginia became one of several states targeted in these challenges.
Miyares publicly supported the decision, stating the statute “is preempted by federal law” and that granting benefits to illegal immigrants unavailable to American citizens was “wrong” and could encourage additional illegal immigration.
While Republican officials welcomed the move, immigration advocacy organizations, including the ACLU of Virginia and the Legal Aid Justice Center, sharply criticized the waiver of legal defense and the timing of the agreement as undermining the rights and futures of affected students. These advocates filed an emergency motion to intervene, seeking to ensure students impacted by the lawsuit could be heard in court.
Incoming Democratic Attorney General-elect Jay Jones condemned the consent decree, calling it an “attack on our students.” Jones argued the lawsuit was timed to prevent the new administration from defending Virginia law, and his office is reviewing legal options to fight the agreement and protect the tuition policy.
Virginia’s action is the latest development in a national debate over state tuition equity and immigration policy. The DOJ’s challenge has pressured several states with similar laws to reconsider or rescind in-state tuition benefits for undocumented students, potentially affecting higher education access for young immigrants nationwide.
