Students Intervene to Oppose Trump-Vance Administration Effort to Block In-State Tuition Eligibility
Richmond, Va. — Virginia students who have grown up in the commonwealth filed a response in federal court in U.S. v. Commonwealth of Virginia to defend a state law that allows them to access in-state tuition at public colleges and universities. The filing comes as the federal government seeks to block Virginia’s policy—putting students’ futures and access to higher education at risk. Democracy Forward represents the students in this case.
The federal government’s challenge follows a series of executive actions by the Trump-Vance administration aimed at pressuring states to roll back policies that expand educational access for students without permanent immigration status. On February 19, 2025, President Trump issued an executive order directing federal agencies to restrict access to benefits, followed by a second executive order on April 28, 2025, explicitly calling for federal action against state laws that allow students to qualify for in-state tuition based on residency. Those directives now underpin the efforts to invalidate Virginia’s law and deny students access to affordable higher education.
The students moved to intervene in the case, currently pending in the U.S. District Court for the Eastern District of Virginia, to oppose the lawsuit against Virginia’s long-standing approach to in-state tuition–an approach that reflects deep community ties and years of contribution to the commonwealth. If the federal government prevails in this case, students who have lived in Virginia most of their lives could suddenly face tuition costs that make college unattainable.
The students’ filing explains how this unlawful policy would upend settled expectations for students and families who relied on state law when planning for college.
“Yet again, the Trump-Vance administration is seeking to rip away educational opportunities for people in this nation, this time through attacking Virginia’s state law that furthers access to education for people who have grown up in Virginia, attended Virginia schools, and planned their futures there,” said Skye Perryman, President and CEO of Democracy Forward. “We are humbled by the resilience of immigrant communities in this nation, and are honored to represent students who are seeking educational opportunity in intervening. We urge the court to protect their rights.”
The case is U.S. v. Commonwealth of Virginia, and the legal team at Democracy Forward includes Joel McElvain, Paul Wolfson, Christine Coogle, Orlando Economos, and Andrew Bookbinder.
Read the filing here.
A Spanish version of this press release can be found here.
