The Justice Department (DOJ) challenged a Virginia law that that makes some migrants illegally in the country eligible for in-state tuition in a new lawsuit filed Monday.
Virginia law extends eligibility to individuals who established residence in the state at least a year prior, and a student may not be disqualified based on their immigration status.
“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 13-page complaint states.
The DOJ filed its lawsuit in federal district court in Richmond, Va. A judge has not yet been assigned.
It adds to legal challenges the Trump administration has filed against other states over similar policies that provide migrants access to in-state tuition and education benefits.
The administration in June first sued Texas before bringing subsequent lawsuits against Kentucky, Oklahoma, Illinois and California. DOJ has reached agreements with the three red states, while Illinois and California continue to fight their lawsuits.
The Virginia suit comes as Democrats prepare to take over the state’s governor’s mansion and attorney general post next month after a series of victories in the recent elections.
The Hill has reached out to the office of Jason Miyares, Virginia’s current Republican attorney general, for comment.
The Justice Department’s lawsuit alleges Virginia’s law runs afoul of the Constitution’s Supremacy Clause by violating federal immigration law, which prohibits states from providing migrants in the country unlawfully with postsecondary education benefits denied to citizens.
“There are no exceptions. Virginia violates it nonetheless,” the lawsuit states. “This court should put an end to this and permanently enjoin the enforcement of provisions of the Virginia Education Code that directly conflict with federal immigration law.”