The Department of Justice (DOJ) is suing the state of Virginia over a law that gives illegal migrants perks such as in-state tuition and state financial assistance. In a legal filing on Monday, the DOJ argued that “federal law prohibits States from providing aliens who are not lawfully present in the United States with any postsecondary education benefit that is denied to U.S. citizens.”
The DOJ pointed out that Virginia Code §§ 23.1-502 and 23.505.1 “classify illegal aliens as Virginia residents based on certain conditions.” Due to this, illegal aliens in Virginia are eligible to receive “reduced in-state tuition and state-administered financial assistance for public state colleges and universities” while U.S. citizens from out of state “are ineligible.” “Federal law prohibits States from providing aliens who are not lawfully present in the United States with any postsecondary education benefit that is denied to U.S. citizens,” the legal complaint says. “See 8 U.S.C. § 1623(a). There are no exceptions. Virginia violates it nonetheless. This court should put an end to this and permanently enjoin the enforcement of provisions of the Virginia Education Code that directly conflict with federal immigration law.”
