BUZZ
State doesn’t cleary treat out-of-state Americans worse, judge finds
Virginia can continue offering illegal alien students a better tuition rate than Americans from Maryland, Pennsylvania, and other states, a federal judge ruled recently.
Across the country, the Trump administration is suing states and entities that offer better tuition rates to illegal aliens who reside in the state than out-of-state college students. The Department of Justice is invoking a 1996 federal law, which had never been enforced until 2025.
The administration has had mixed success, with some friendly states, such as Texas, quickly settling the lawsuit.
On the other hand, a judge upheld Minnesota’s law.
District Judge Robert Payne found that one Virginia law explicitly excludes illegal migrants, so the DOJ lawsuit does not matter. He said a second law, called the “Equity Pathway,” provides a way for out-of-state residents to get the same benefits, so it does not explicitly violate the statute.
Higher Ed Dive reported:
The second contested law, enacted in 2020, allows students to receive in-state tuition if they meet several requirements, including attending a public or private high school or receiving home school instruction in the state for at least two years since July 1, 2008, and showing that they or one their parents or guardians had filed Virginia income tax returns for at least two years before they enroll…
…Payne ruled that the provisions didn’t grant in-state tuition based on residency and therefore weren’t preempted by federal statute. He cited several examples of ways nonresidents could gain in-state tuition through the law, such as an out-of-state student attending a private boarding school in Virginia.
These lawsuits continue to play out across the country. The DOJ also won a ruling against Illinois’ tuition programs, in the first victory it has had against an adversarial state.
Officials recently sued the University of Delaware for its own tuition program, which offers nearly a $27,000 tuition break for illegal migrants who reside in the state, compared to what they would say if classified as out-of-state students.
Being classified as a resident offers a significant value to college students and their parents.
For example, University of Virginia’s in-state tuition rate is $40,000 to $50,000 less per year than what non-residents pay.
