On Monday, the Department of Justice in the Eastern District Court of Virginia filed a lawsuit against the University of Virginia, accusing the institution of offering tuition discounts to illegal immigrants. The Department of Justice believes that this action discriminates against American citizens from other states.
Virginia law allows any individual who has resided in the state for at least one year to be eligible for admission, and explicitly prohibits schools from denying students admission based on immigration status.
In 2020, then Virginia Governor Ralph Northam, a Democrat, signed a bill allowing illegal immigrants to receive in-state tuition benefits. Northam stated that the legislation recognized these students as “Virginians in every respect, except for their immigration status.”
The lawsuit filed by the Department of Justice stated, “Federal law prohibits states from providing any higher education benefit to unlawfully present aliens that United States citizens are denied.”
The 13-page complaint further claimed that the law provides preferential treatment to illegal immigrants over American citizens, which directly violates federal law and is preempted by federal law.
The complaint continued, stating, “Without exception, Virginia is in violation of this law. The court should enjoin this conduct and permanently prohibit the enforcement of provisions in the Virginia Code of Education that conflict directly with federal immigration law.”
Two similar lawsuits were filed in November and September against California and Illinois respectively, questioning those states’ provision of financial aid or tuition discounts to illegal immigrants. The Department of Justice also brought a lawsuit against Oklahoma.
According to reports from The Hill, the Department of Justice has reached agreements with three Republican-led states, while Democratic-led Illinois and California continue to defy challenges from the federal government.
In June of this year, a federal judge overturned a Texas law allowing illegal immigrants to receive in-state tuition.
According to the National Immigration Law Center, as of September, at least 14 states provide financial aid to all students regardless of their immigration status, but more and more states are beginning to rescind or reconsider these policies.
(Reference: Newsmax)