By Zamone Perez, Virginia News Connection
Immigration advocates are pushing back against a lawsuit from the Department of Justice challenging a Virginia state law that provides undocumented students with in-state tuition.
Just before the new year, the department filed a lawsuit against a 2020 state law which qualifies noncitizens who graduate from Commonwealth high schools for in-state tuition rates. Republican Virginia Attorney General Jason Miyares chose not to fight the lawsuit, instead entering a consent decree with the Justice Department. If approved by a judge, the agreement would result in the immediate end of the policy.
At Virginia’s flagship university, it would mean a difference of nearly $40,000 a year in tuition for undocumented students.
Rohmah Javed, legal director of the Immigrant Justice Program at the Legal Aide Justice Center, which has taken on the case, said the move would hurt Virginia as a whole in the long run.
“The consequences of this are broad and widespread,” Javed contended. “Many of these students have worked and lived here in Virginia their whole lives. Their parents have contributed to the economy, and educated students strengthen the state’s economy and workforce, and tax base over time as well. So, everyone benefits from education accessibility.”
The Trump administration argued the policy violates federal law because it provides noncitizens with educational benefits not available to U.S. citizens in other states.
The move comes as Miyares is set to be replaced by Democrat Jay Jones, who opposes Miyares’ actions, on Saturday. Javed rejected arguments the Virginia bill is unconstitutional because it was written to withstand a legal battle.
“It’s been carefully crafted to comply with federal requirements,” Javed pointed out. “There was years of advocacy and state lawmakers that worked on drafting it. And it’s been drafted to be able to withstand these sorts of challenges, so we feel that it is a constitutional law that should be upheld and that the court should hear these arguments.”
Javed estimated some 10,000 college students in Virginia could lose their in-state tuition if the Justice Department’s lawsuit is successful.
Support for this reporting was provided by Lumina Foundation.