U.S. v. Virginia

The ACLU of Virginia and Legal Aid Justice Center filed an emergency motion on behalf of the Dream Project to intervene in a federal lawsuit challenging Virginia's in-state tuition law for immigrant students.

On December 29, the Trump administration sued Virginia over a law that allows students who attended Virginia high schools and whose families pay Virginia taxes to qualify for in-state tuition, regardless of immigration status. The next day, the Commonwealth joined the Trump administration in a joint motion for a consent judgment, thus surrendering without defending the law. If the consent judgment is approved, students could lose in-state tuition status immediately—potentially forcing them to drop out mid-year.

The motion filed by the ACLU of Virginia and Legal Aid Justice Center argues that Virginia's law was carefully crafted to comply with federal requirements and that the state's immediate surrender denies students their right to be heard. It also seeks to defend the Dream Project’s ability to carry out its mission and support the thousands of Virginia students who stand to lose access to affordable higher education. Dream Project serves immigrant students pursuing higher education across Virginia. Many current Dream Scholars rely on in-state tuition to afford college.

The case was filed in the United States District Court for the Eastern District of Virginia. The ACLU of Virginia is co-counseling this case with Legal Aid Justice Center.