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Virginia secures legal victory in fight to defend in-state tuition for undocumented, refugee students
Judge Robert Payne said Virginia’s tuition-equity and domicile pathways are not based on residence, preserving in-state rates for more than 1,200 students.
On Monday, Senior U.S. District Judge Robert Payne dismissed the Justice Department's lawsuit challenging Virginia's in-state tuition laws, ruling the state policies do not violate federal immigration statutes.
The Justice Department argued that Virginia's tuition equity pathway creates a residency-based benefit, claiming it violates a 1996 federal law barring states from providing such advantages to noncitizens without offering them to U.S. citizens.
Payne rejected the claim, writing that the law is not based on residence but on factors like high school attendance; non-residents can also qualify through other established state programs.
Virginia Attorney General Jay Jones called the ruling a 'win for Virginia's students,' noting that over 1,200 non-domiciled students utilized the tuition pathway during the 2025-2026 academic year.
While this marks only the second time a judge has dismissed such a federal challenge, officials expect the Justice Department to appeal as part of its ongoing nationwide campaign against similar state policies.
A federal judge validated Virginia's law that allows undocumented students to pay for resident tuition, following the Trump administration's attempt to eliminate it.