Immigrant students at risk of losing in-state tuition following Trump admin lawsuit

Heciel Nieves Bonilla, News Editor

Sal Orlando, Assistant News Editor

Some Virginia immigrant students are fearing they will lose access to higher education as an agreement between Virginia and President Donald Trump’s Department of Justice, pending the approval of a judge, would remove their in-state tuition eligibility.

The DOJ sued Virginia on Dec. 29, challenging laws that provide in-state tuition and financial assistance to residents regardless of immigration status — including those benefiting from the Virginia Dream Act of 2020, which expanded in-state eligibility to refugees and other immigrant-status students provided they meet residency and economic requirements.

The DOJ took issue with the protection extending to “illegal aliens,” claiming the act discriminates against U.S. citizens and incentivizes undocumented immigration.

Outgoing Republican Attorney General Jason Miyares chose to enter an agreement with the DOJ just before the new year, instead of fighting the case. If the agreement is approved by a judge, undocumented students receiving in-state tuition and financial assistance would lose in-state resources immediately.

The CT spoke to several Virginia university students and alumni who could be affected by the change, and will protect their anonymity for their safety. Some declined speaking to The CT out of fear for potential retribution by ICE.

One anonymous alum, who graduated in December with a mass communications degree, held an immigrant status for much of their time at VCU. They now work at a non-profit organization supporting individuals with a rare genetic condition, and hope to work in advertising.

“Because of this specific law I was able to get in-state tuition and go to college due to my immigration status,” they said. “It quite literally changed my life.”

VCU does not keep records of how many students hold noncitizen statuses, per a Freedom of Information Act request filed by The CT. The university declined to comment on the lawsuit itself.

“It’s a weird situation to be in and since you’re so scared of the wrong person finding out about it, it feels very lonely at times,” the anonymous student said. “It’s just nice that people are being informed about something they might not even have to consider.”

An anonymous current student at Germanna Community College told The CT they were able to pay for their first college semester with in-state rates, but did not receive financial aid. This semester, they were able to receive aid through the Virginia Application for Student Aid (VASA), which allows students to file without being a citizen or an “eligible non-citizen,” which is required for the FAFSA or Free Application for Federal Student Aid.

“Hearing all these news and new laws is just disappointing to say the least,” the anonymous student said.

Daniel Morales, co-director of VCU’s Migration Studies Lab and assistant professor of history, stated that having a higher educated population in Virginia is positive and increases the productivity of people over their lifetime. Without financial aid and lower in-state tuition, people will be priced out of college.

72.1% of noncitizen Virginia residents are in the civilian labor force, compared to 62.7% of U.S. born residents, according to the Migration Policy Institute.

“We are not talking about foreign students with no ties to the community, but people who have lived here, in our communities across the commonwealth since they were little kids or babies,” Morales said. “By being children here, they have a right to public education and they have gone through high school in Virginia already. We as a society have already invested in their success.”

The American Civil Liberties Union of Virginia and the Legal Aid Justice Center filed an emergency motion to intervene in the lawsuit on Dec. 31. The challenge to the lawsuit was on behalf of the Dream Project, a Virginia nonprofit that provides scholarships and mentorship to immigrant students.

The Mexican American Legal Defense and Education Fund, which describes itself as “the nation’s leading Latino legal civil rights organization,” has also sued on behalf of immigrant students in other states targeted by the DOJ on the basis of their in-state tuition policy.

Miyares’ successor, Democratic Attorney General-elect Jay Jones, commented on the suit, describing it as an “attack on our students and a deliberate attempt to beat the clock to prevent a new administration from defending them” in an X post.

“This is the exact kind of federal overreach Virginians rejected in November, and it’s what I remain committed to fighting as the next attorney general,” Jones stated. “My team is reviewing all legal options available to the Commonwealth.”

Jones will be sworn into office on Saturday, Jan. 17 along with Gov.-elect Abigail Spanberger and Lt. Gov.-elect Ghazala Hashmi.

EDITOR’S NOTE: The CT made the decision to protect the anonymity of students interviewed for this story to shield them from potential ICE retribution.