Virginia Attorney General Jason Miyares
The move comes as part of a broader Trump administration effort to challenge state policies viewed as providing benefits to undocumented immigrants, with Attorney General Pam Bondi filing suit against Virginia just days ago.
Miyares entered a joint motion with the Department of Justice agreeing that federal law preempts Virginia's in-state tuition policy. On social media, he defended the decision, writing that "rewarding non-citizens with the privilege of in-state tuition is wrong and only further incentivizes illegal immigration."
Attorney General-elect Jay Jones, a Democrat set to take office within weeks, sharply criticized the timing and substance of Miyares' action, calling it "an attack on our students" and "a deliberate attempt to beat the clock to prevent a new administration from defending them."
Jones said he is "reviewing all legal options available to the Commonwealth" to protect the policy.
The financial implications of the policy are substantial. At Virginia Commonwealth University, for example, in-state students pay approximately $32,000 annually, while out-of-state students face costs exceeding $55,000 — a difference of more than $23,000 per year.
The 2020 law, signed by then-Democratic Gov. Ralph Northam, allows students who are undocumented but meet state residency requirements to access in-state tuition rates regardless of immigration status. At the time, the Virginia Interfaith Center for Public Policy celebrated it as "historic legislation."
