Friday, October 16, 2026

Virginia Judge Keeps In-State Tuition for Illegal Immigrants

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A federal judge on Oct. 5 sided with Virginia against the Trump administration, rejecting the Justice Department’s claim that the state’s in‑state tuition law for undocumented students violates a 1996 federal statute.

Judge’s Decision

Senior U.S. District Judge Robert Payne of the Eastern District of Virginia denied the department’s motion for summary judgment, granted Virginia’s motion, and dismissed the case with prejudice, finding that the law does not breach federal preemption rules.

Justice Department’s Argument

The Justice Department argued that a 1996 law bars states from granting in‑state tuition “on the basis of residence” unless U.S. citizens receive the same benefit regardless of location, and that Virginia’s two tuition pathways effectively substitute residence for citizenship.

State Law’s Structure

Payne rejected both arguments, noting that the domicile‑based route applies only to students who meet residency criteria that exclude illegal immigrants, and that the 2020 pathway, which requires two years of Virginia high school attendance, a diploma or equivalency exam, and two years of parental state tax filings, is not tied to residence because some non‑residents qualify while some residents do not.

Court’s Reasoning

The judge wrote that the Tuition Equity Pathway “does not, directly or indirectly, provide in‑state tuition ‘based on residence,’” and added that U.S. citizens who live outside Virginia can also qualify for in‑state tuition through other routes, satisfying the statute’s exception.

Impact and Reaction

Virginia Attorney General Jay Jones praised the ruling as a victory for the Commonwealth’s students and future, saying that families who pay Virginia taxes deserve affordable tuition and that the decision shows the state, not the federal administration, should set the policy. His office said it is prepared to defend the law against any appeal.

Broader Context

The Justice Department has sued every state with similar tuition laws, winning injunctions in Texas, Kentucky, Oklahoma, Nebraska and Illinois, while a Minnesota federal judge dismissed the suit in March. The department did not respond to a request for comment before publication.

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