The U.S. Department of Justice has filed a lawsuit against the University of Virginia, alleging that the university's practice of granting in-state tuition benefits to undocumented immigrants discriminates against U.S. citizens from out of state.

Virginia state law grants eligibility to individuals who have resided in the state for at least one year and explicitly prohibits schools from denying eligibility based on immigration status.

The lawsuit, filed on December 29th (local time) in the U.S. District Court for the Eastern District of Virginia, states that "federal law prohibits a state from giving a higher education benefit to aliens who are not lawfully present in the United States that is not available to United States citizens."

"This is not only wrong, but it is also unlawful," the 13-page complaint stated, adding that "the practice in question, which favors those who have violated immigration laws over United States citizens, is expressly prohibited and preempted by federal law."

This lawsuit is the latest in a series of actions by the Trump administration to block states from providing tuition benefits to undocumented immigrants.

Similar lawsuits were filed in November against California and in September against Illinois, both challenging state programs that offer financial aid or tuition benefits to undocumented immigrants. The Department of Justice has also filed lawsuits against Oklahoma.

According to The Hill, the Justice Department has reached agreements with three Republican-led states, while the Democratic-led states of Illinois and California continue to fight the legal challenges.

In June, a federal judge nullified a Texas law that allowed undocumented immigrants to pay in-state tuition.

In Virginia, then-Democratic Governor Ralph Northam signed a bill in 2020 allowing undocumented immigrants to pay in-state tuition. At the time, Northam stated that the law "recognizes these students as Virginia residents in all respects except for their immigration status."

"There are no exceptions. Yet, Virginia violates it," the lawsuit stated. "The court should put an end to this and permanently enjoin the enforcement of the Virginia Education article that directly conflicts with federal immigration law." 

According to the National Immigration Law Center, as of September, at least 14 states provide financial aid to students regardless of their immigration status. However, an increasing number of states are beginning to withdraw or reconsider these policies.

U.S. NNP=Reporter Hong Sung-goo / Special Contribution NNP info@newsandpost.com