Trump Administration Just Sued This State Over Benefits for Illegal Immigrants

The Trump administration is suing the Commonwealth of Virginia over allegations that it allows noncitizen students to pay in-state tuition.

The lawsuit argues that the policy violates federal immigration law and the Constitution’s Supremacy Clause.

Federal law “prohibits States from providing aliens who are not lawfully present in the United States with any postsecondary education benefit that is denied to U.S. citizens,” according to the complaint. But “Virginia violates it nonetheless” by allowing illegal immigrants to be treated as residents for tuition and state financial aid, while citizens from other states must pay a higher out-of-state tuition.

The lawsuit details how Virginia’s statutes work and why they violate federal law. The filing contends that by “conferr[ing] in-state tuition benefits on unlawfully present aliens that are not available to all United States citizens on the same terms, regardless of residency,” Virginia’s policies “are preempted under the Supremacy Clause and are therefore unconstitutional.”

The White House lays out how Virginia’s policies affect broader immigration policy. This includes efforts to eliminate incentives for foreigners to enter the country illegally and prevent illegal immigrants from obtaining taxpayer-funded benefits. The complaint notes that federal law “preempts state rules that grant illegal aliens benefits when U.S. citizens haven’t received the same.” 

Virginia passed its law in 2020 when Democrat Ralph Northam was governor. It allows illegal immigrants to pay in-state tuition if they attending a Virginia high school for at least two years and graduated. However, the law requires these students to have legal immigration status or have filed paperwork to obtain legal status.

The law applies regardless of immigration status as long as the student meets the requirements. Democrats touted the law as a way to help longtime residents who grew up in the state but lack legal status to access higher education.

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The Trump administration is suing the Commonwealth of Virginia over allegations that it allows noncitizen students to pay in-state tuition.

The lawsuit argues that the policy violates federal immigration law and the Constitution’s Supremacy Clause.

Federal law “prohibits States from providing aliens who are not lawfully present in the United States with any postsecondary education benefit that is denied to U.S. citizens,” according to the complaint. But “Virginia violates it nonetheless” by allowing illegal immigrants to be treated as residents for tuition and state financial aid, while citizens from other states must pay a higher out-of-state tuition.

The lawsuit details how Virginia’s statutes work and why they violate federal law. The filing contends that by “conferr[ing] in-state tuition benefits on unlawfully present aliens that are not available to all United States citizens on the same terms, regardless of residency,” Virginia’s policies “are preempted under the Supremacy Clause and are therefore unconstitutional.”

The White House lays out how Virginia’s policies affect broader immigration policy. This includes efforts to eliminate incentives for foreigners to enter the country illegally and prevent illegal immigrants from obtaining taxpayer-funded benefits. The complaint notes that federal law “preempts state rules that grant illegal aliens benefits when U.S. citizens haven’t received the same.” 

Virginia passed its law in 2020 when Democrat Ralph Northam was governor. It allows illegal immigrants to pay in-state tuition if they attending a Virginia high school for at least two years and graduated. However, the law requires these students to have legal immigration status or have filed paperwork to obtain legal status.

The law applies regardless of immigration status as long as the student meets the requirements. Democrats touted the law as a way to help longtime residents who grew up in the state but lack legal status to access higher education.

Editor’s Note: Do you enjoy Townhall’s conservative reporting that takes on the radical left and woke media? Support our work so that we can continue to bring you the truth.

Join Townhall VIP and use promo code MERRY74 to get 74% off your membership.