The United States government has filed a lawsuit against a state for allegedly violating federal immigration laws. On December 29, 2025, the United States of America lodged a complaint in the United States District Court for the Eastern District of Virginia, Richmond Division, accusing the Commonwealth of Virginia of unlawfully providing postsecondary education benefits to illegal aliens that are denied to U.S. citizens.
According to the complaint, federal law under 8 U.S.C. § 1623(a) prohibits states from offering any postsecondary education benefit based on residency to aliens who are not lawfully present in the United States unless such benefits are equally available to U.S. citizens regardless of their residency status. The plaintiff argues that Virginia’s Education Code §§ 23.1-502 and 23.1-505.1 contravene this federal statute by classifying illegal aliens as Virginia residents eligible for reduced in-state tuition and state-administered financial assistance at public colleges and universities, while out-of-state U.S. citizens must pay higher tuition rates.
The lawsuit contends that this preferential treatment towards illegal aliens over U.S. citizens is not only discriminatory but also unconstitutional under the Supremacy Clause of the United States Constitution. The clause mandates that federal law takes precedence over conflicting state laws, thereby rendering Virginia’s provisions preempted and unenforceable.
The complaint further details how Virginia’s statutes have been in effect since 2022, allowing unlawful aliens who establish residency within the state to benefit from reduced tuition rates without extending similar privileges to non-resident U.S. citizens. The United States asserts that these actions create an unjust cost discrepancy between resident students and out-of-state students at institutions like the University of Virginia, where tuition for non-residents is significantly higher.
In seeking judicial intervention, the United States requests a declaratory judgment declaring Virginia’s laws unconstitutional as applied to illegal aliens and seeks a permanent injunction prohibiting their enforcement by Virginia officials. Additionally, it asks for reimbursement of costs and fees incurred during litigation.
Representing the plaintiff is a team from the Department of Justice led by Stanley E. Woodward Jr., Associate Attorney General; Abhishek S. Kambli, Deputy Associate Attorney General; Brett A. Shumate, Assistant Attorney General; Yaakov M. Roth, Principal Deputy Assistant Attorney General; Sean Skedzielewski; Lindsey Halligan; Todd W. Blanche; Robert K. McBride; Steven D. Smith; Elianis N. Perez from the Office of Immigration Litigation; and Jonathan H. Hambrick from the Office of the United States Attorney in Richmond, VA.
Case ID: 3:25-cv-01067
Source: 325cv01067_United_States_of_America_v_Commonwealth_of_Virginia_Complaint_Eastern_District_Virginia.pdf
