Trump Administration challenges in-state tuition programs for undocumented students in Virginia and 6 other states

In December 2025, The U.S. Department of Justice (DOJ) sued the Commonwealth of Virginia for its policy of allowing  undocumented Virginia residents to receive in-state tuition and financial assistance. The DOJ argued in this case and six others across the US that allowing undocumented state residents to receive in-state tuition discriminated against US citizens because out-of-state US citizens are not eligible for the same lowered tuition costs.  

Several of the Republican-led states facing these lawsuits have agreed with the DOJ and seek to also stop the programs. For example, at the tail end of his term, (now-former) Virginia Attorney General Jason Mirayes submitted a joint filing with the DOJ asking the federal district court judge to declare the Virginia Dream Act unconstitutional. Mirayes’ term has since ended on January 17, 2026, and the new Virginia Attorney General, Jay Jones, has stated he will “reverse course.” 

See Inside Higher Ed’s article on the Virginia Dream Act challenge here.