DOJ sues Virginia over in-state tuition policy

(The Center Square) – A Virginia law governing who qualifies for in-state tuition and certain forms of state financial aid is now the subject of a federal lawsuit filed by the U.S. Department of Justice.

The lawsuit was filed Dec. 29 in the U.S. District Court for the Eastern District of Virginia, Richmond Division. The federal government argues that Virginia’s approach to determining eligibility for in-state tuition conflicts with federal immigration law.

At issue are state laws that allow some students to qualify for reduced in-state tuition rates at public colleges and universities based on factors such as high school attendance, residency and tax filings, regardless of immigration status. Those same provisions can also affect eligibility for certain state-administered financial assistance.

According to the complaint, federal immigration law places limits on how states can offer postsecondary education benefits based on residency. The Justice Department argues that federal law does not allow states to offer in-state ...