DOJ challenges Virginia law granting in-state tuition to illegal immigrants

Federal law prohibits states from providing illegal immigrants postsecondary education benefits that are denied to U.S. citizens. 

The Justice Department, which filed the lawsuit in Richmond, argues that Virginia state law discriminates against American citizens who can't afford the same reduced tuition rates, scholarships or subsidies and that it incentivizes illegal immigration. 

Under state law, students who establish residency in Virginia for one year could be eligible for in-state tuition, regardless of their immigration status. 

"This is a simple matter of federal law: in Virginia and nationwide, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens," said U.S. Attorney General Pamela Bondi. "This Department of Justice will not tolerate American students being treated like second-class citizens in their own country."

Fox News Digital has reached out to the office of Virginia Attorney General Jason Miyares for comment. 

The Trump administration has filed tuition lawsuits against several other states, including Texas, Kentucky, Illinois, Oklahoma, Minnesota and California.