On January 15, 2026, Democracy Forward filed a motion to intervene in U.S. v. Commonwealth of Virginia. Democracy Forward represents a group of Virginia students seeking to defend a Virginia state law that allows students to access in-state tuition at public colleges and universities.
Following 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, the federal government directly challenged the Virginia state law in federal court. 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.
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 impact access to education for students and families who relied on the state law when planning for college.
On January 20, 2026, the Commonwealth of Virginia formally withdrew its consent to a proposed settlement advanced by the Trump-Vance administration that would have invalidated Virginia’s in-state tuition law without meaningful judicial review. Virginia also withdrew its opposition to multiple motions to intervene, including the one filed by students represented by Democracy Forward, allowing impacted students and advocates to fully participate in the case and defend the law in court.
Timeline
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The motion to intervene was filed.
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Commonwealth of Virginia withdrew its consent to a proposed settlement advanced by the Trump-Vance administration
