There was no immediate public comment from Virginia’s Governor Glenn Youngkin’s office at press time.

The DOJ seeks a court order to stop Virginia from enforcing the disputed laws and to align the state’s policies with federal requirements.

The filing discusses Virginia’s domicile rules and time-based eligibility provisions, noting that similar benefits are not extended to U.S. citizens from other states under the same terms.

The lawsuit frames the issue as an as-applied challenge and cites federal statutes and a 2023 Fifth Circuit decision to support preemption, rather than seeking a broad constitutional invalidation.

DOJ argues that the 1996 Illegal Immigration Reform and Immigrant Responsibility Act limits states’ ability to grant education benefits to people who are in the country illegally.

The case is United States v. Commonwealth of Virginia, filed in the Eastern District of Virginia and assigned to Judge Robert E. Payne, docket 3:25-cv-01067.

The Trump administration’s DOJ has filed suit against Virginia, alleging the state provides in-state tuition and state financial aid to undocumented immigrants while denying the same benefits to U.S. citizens who aren’t residents, arguing this clashes with federal law.

Virginia signed the law in 2021 under then-Governor Ralph Northam; the DOJ action comes as the state transitions leadership to Democrat Abigail Spanburger (Spanberger), with the DOJ filing announced just before the transition.

The suit references settlements in Texas and Oklahoma where consent decrees blocked enforcements of similar laws, illustrating a broader pattern.

The DOJ relies on federal statutes and a 2023 Fifth Circuit ruling to argue preemption, presenting the issue as an enforcement action rather than a sweeping constitutional challenge.

Background on Virginia’s public higher education system and residency rules is referenced, including guidance from the State Council of Higher Education for Virginia.

U.S. Attorney General Pam Bondi frames the action as protecting American students from being treated as second-class citizens and asserts the department will challenge policies granting benefits to undocumented individuals not available to U.S. citizens.