Statement on federal lawsuit challenging Virginia in-state tuition law

The Legal Aid Justice Center condemns the federal lawsuit filed yesterday challenging Virginia’s in-state tuition law. We want to assure affected students and families: nothing has changed. Virginia’s law remains in effect. The legal process will take time, and Virginia will have the opportunity to defend its law in court. 

Virginia’s in-state tuition law was properly enacted by the General Assembly through the democratic legislative process. A filed complaint cannot unilaterally void or change a state law—only a court ruling or Virginia’s legislative process can do that, and this case is just beginning. 

Virginia has the authority to set eligibility criteria for its own public colleges and universities, and the General Assembly designed this law with full awareness of federal provisions. The law was carefully crafted to comply with federal requirements. 

Virginia’s tuition law is designed to recognize the contributions of all students who have attended Virginia schools, graduated, and fulfilled state tax obligations, without regard to immigration status or state residency. Access to affordable higher education is an investment in the future contributions of students who have grown up in the Commonwealth and deserve to have opportunities in their home states.  

We stand with immigrant students and families in Virginia. An estimated 13,000 undocumented students are enrolled in higher education in Virginia, and approximately 5,000 undocumented students graduate from Virginia high schools annually. These numbers underscore both the real human impact of Virginia’s law and the relatively small proportion of the overall postsecondary population undocumented students actually represent.  

Access to affordable higher education strengthens our communities and our economy. As LAJC continues to monitor this case, we remain committed to ensuring that the federal government respects state authority and allows Virginia to continue providing equitable access to higher education for all qualified students. Education should be a bridge to opportunity — not a battlefield for politically motivated litigation.