Virginia Defends In-State Tuition for Undocumented Students

New Attorney General Reverses Predecessor's Position, Vows to Fully Defend State's Dream Act

Jan. 28, 2026 at 12:39pm

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Virginia's new Attorney General, Jay Jones, has pledged to fully defend the state's Dream Act, which grants in-state college tuition and financial aid eligibility to undocumented students who have attended Virginia high schools for at least two years and filed state income taxes. This reverses the position of Jones' predecessor, Jason Miyares, who had sided with the Department of Justice in a lawsuit challenging the law.

Why it matters

The outcome of this legal battle could determine whether thousands of undocumented students in Virginia can afford to stay in college. The Dream Act was passed in 2020 to provide educational opportunities to students who grew up in Virginia communities, even though they have no other country to call home.

The details

The Department of Justice filed a lawsuit against Virginia on Dec. 29, 2025, arguing that the state's policy conflicts with federal law by granting educational benefits to undocumented students that are not available to U.S. citizens from other states. However, legal experts say this framing is flawed, as the relevant comparison is to fellow Virginia residents, not all U.S. citizens.

  • The Dream Act was passed in Virginia in 2020.
  • The DOJ filed a lawsuit against Virginia on Dec. 29, 2025.
  • Miyares sided with the DOJ in a Dec. 30, 2025 joint filing.
  • Jones announced he would reverse course and defend the law upon his inauguration on Jan. 17, 2026.

The players

Jay Jones

The new Attorney General of Virginia who has pledged to fully defend the state's Dream Act.

Jason Miyares

The previous Attorney General of Virginia who sided with the DOJ in the lawsuit challenging the Dream Act.

Department of Justice

The federal agency that filed the lawsuit against Virginia to challenge the Dream Act.

Antonio Ingram

A senior counsel at the Legal Defense Fund who argues the DOJ's logic in the lawsuit is flawed.

Legal Aid Justice Center and ACLU

Organizations that filed motions on behalf of Virginia's Dream Project to intervene in the lawsuit.

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What they’re saying

“My office will immediately reverse course, withdraw my predecessor's flawed and legally incorrect position and fully defend Virginia's in-state tuition law.”

— Jay Jones, Attorney General of Virginia

“I think the logic that the DOJ is utilizing is very faulty. They're essentially saying undocumented students are getting benefits that citizens from other states cannot get in Virginia, but I think that's a faulty framing, because the comparative population is fellow Virginia residents, not U.S. citizens.”

— Antonio Ingram, Senior Counsel, Legal Defense Fund

What’s next

The case could move through full federal litigation, including motions, hearings and potentially appeals to the Fourth Circuit and beyond. Even if the law remains in effect in the short term, disputes over federal preemption and equal-protection arguments could keep the case tied up in court for months or years.

The takeaway

This legal battle highlights the ongoing challenges undocumented students face in accessing affordable higher education, even in states that have passed laws to support them. The outcome could have significant implications for thousands of students in Virginia and set an important precedent for similar policies in other states.