Trump admin sues Virginia for giving in-state tuition to illegals attending college

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Davy Crockett

Jan 3, 2026

The Trump Administration decided to close out 2025 with a bang, going after a jurisdiction in their own backyard that is undermining the rule of law.

In 2020, under Democrat Ralph Northam, the state of Virginia passed legislation that allowed illegal aliens to receive in-state tuition at Virginia colleges and universities.

Because why not?

Yes, not only are illegal immigrants not deported, not only do they live and work in the US with little fear of being deported, they are receiving benefits reserved for citizens in a state that has been run by a Republican administration for the last 4 years.

Here's more from TownHall:

The lawsuit details how Virginia's statutes work and why they violate federal law. The filing contends that by 'conferr[ing] in-state tuition benefits on unlawfully present aliens that are not available to all United States citizens on the same terms, regardless of residency,' Virginia's policies 'are preempted under the Supremacy Clause and are therefore unconstitutional.' ...

The White House lays out how Virginia's policies affect broader immigration policy. This includes efforts to eliminate incentives for foreigners to enter the country illegally and prevent illegal immigrants from obtaining taxpayer-funded benefits. The complaint notes that federal law 'preempts state rules that grant illegal aliens benefits when U.S. citizens haven't received the same.'

You could be from West Virginia, Maryland, Tennessee and live 30 minutes from a Virginia school but not get the same benefit as someone who crossed the border last year and set up residency in Virginia this year.

Totally fair system.

One has to wonder, have Republicans in Virginia been asleep at the wheel for 4 years?


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