Senior U.S. District Judge Robert Payne of the U.S. District Court of the Eastern District of Virginia ruled Oct. 5 that Virginia can continue allowing immigrant students to receive in-state tuition at public colleges and universities. The ruling comes after the U.S. Department of Justice and former Virginia Attorney General Jason Miyares (R) previously sought to prevent Virginia from enforcing the Virginia Dream Act.
In a press release Oct. 5, Attorney General Jay Jones (D) — whose “Day One” priority was defending Virginia statutes that protect students' access to affordable higher education — described the ruling as a “win” for students in Virginia and the Commonwealth’s future.
“I promised the people of the Commonwealth that I would reverse my predecessor's position and fight back against the Trump administration's attacks on our students and institutions of higher education,” Jones said in the press release. “I’m proud to say that today we did just that.”
The Virginia Dream Act is a 2020 state law that allows eligible students to qualify for in-state tuition regardless of their citizenship or immigration status. Payne’s opinion provides two pathways for in-state tuition eligibility — the “Domicile Pathway” and the “Tuition Equity Pathway.”
In his opinion, Payne granted a summary judgment to the Commonwealth — which means that he ruled without a trial after determining that there were no significant factual disputes. Payne found that neither pathway for in-state tuition eligibility is preempted by federal law. Preemption is the legal doctrine under which federal law can override a conflicting state law.
The “Domicile Pathway” requires a student to establish Virginia as their “domicile” — including demonstrating physical presence in the Commonwealth and “intent to remain in Virginia indefinitely.” Under the State Council of Higher Education for Virginia’s guidelines, students who cannot demonstrate valid legal status cannot establish Virginia domicile for tuition purposes and may instead qualify for in-state tuition through the “Tuition Equity Pathway.”
To qualify through the Virginia Dream Act’s “Tuition Equity Pathway,” students must have attended a Virginia high school for at least two years and either graduated from a Virginia high school or passed an approved high school equivalency examination. The student must also provide evidence that they or — if they are dependents — their parent or guardian filed Virginia income taxes for at least two years before the student’s enrollment.
According to Payne’s opinion, the “Tuition Equity Pathway” does not provide in-state tuition based on residency. The requirements can also be met by some students who are not Virginia residents, while some Virginia residents may not meet the requirements. The opinion noted that 1,206 students enrolled in a public or private institution of higher education who were not domiciled in Virginia used the “Tuition Equity Pathway” to qualify for in-state tuition during the 2025-26 academic year. However, the opinion did not specify the total number of students who qualified through the pathway, regardless of enrollment in an institution of higher education.
In-state tuition is the lower tuition rate charged to eligible students at Virginia public colleges and universities, while students who do not qualify generally pay the higher out-of-state rate. According to Payne’s opinion, the average undergraduate in-state tuition for Virginia public universities was $9,987, compared with $28,591 for out-of-state students. The University’s in-state tuition for the 2025-26 academic year was $23,897. Out-of-state tuition was $62,923 — which was approximately 163 percent higher than in-state tuition.
In a dispute over undocumented students’ eligibility for in-state tuition, the Justice Department originally sued the Commonwealth Dec. 29, 2025, arguing that the Virginia Dream Act violates federal law governing educational benefits for noncitizens. In its argument, the Justice Department relied on the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The IIRIRA prohibits states from providing certain postsecondary education benefits to undocumented students based on state residency unless the same benefits are available to U.S. citizens regardless of where they live.
As part of efforts to resolve the legal challenge, Miyares entered an agreement with the Justice Department Dec. 30, 2025 that sought to prevent undocumented students from receiving in-state tuition under the Virginia Dream Act. The proposed agreement between Virginia and the Justice Department called for a permanent injunction — a final court order — barring the state from enforcing the law.
The Dream Project — a Virginia nonprofit organization that helps students from Virginia's immigrant community to succeed in college or vocational training — sought to intervene in the case in December 2025 with assistance from the Legal Aid Justice Center and ACLU of Virginia. On Dec. 31, 2025, the organizations jointly filed an emergency motion to intervene.
In a statement to The Cavalier Daily, Andrea Leeds Armstrong, director of the University Office of Virginia Status, shared insight on the ruling's impact on undocumented students. Armstrong said the ruling is significant for immigrant students across the Commonwealth.
The Office of Virginia Status determines students’ eligibility for “in-state educational privileges” at the University and reviews applications under Virginia’s domicile and tuition equity provisions. According to Armstrong, the Office of Virginia Status “has long believed that all students” should be able to access higher education affordability at the University.
“The United States District Court’s decision to uphold the Virginia Dream Act is a meaningful win for immigrant students across Virginia,” Armstrong said in her statement. “This office will continue to review all applications for in-state educational privileges with fairness, transparency and in accord with state and federal law.”
The U.S. District Court of the Eastern District of Virginia also noted the “virtual certainty of appeal” for the case — which is the high probability of being challenged in a higher court. In the case of an appeal, Jones said he remains committed to protecting the Commonwealth’s laws and sovereignty against the Trump administration.
As opposed to the Office of Virginia Status, the University Student Financial Services oversees financial aid, tuition and student benefits. Helen Faith, associate vice provost for enrollment and Student Financial Services, said in a statement to The Cavalier Daily that the ruling will not change SFS’s current practices for determining in-state tuition eligibility.
“Since it is [upholding] the Virginia Dream Act and would not affect our current practices, we don’t anticipate that this ruling will have any impacts on students who qualify for in-state tuition,” Faith said in a statement to The Cavalier Daily.
If the federal government appeals, the case would move to the U.S. Court of Appeals for the Fourth Circuit. For now, the ruling allows the Commonwealth to continue enforcing the Virginia Dream Act and allows eligible students to continue receiving in-state tuition.
Jaylynn Perez is a third-year College student from Chesapeake, Va., majoring in government and Public Policy and Leadership. She currently serves as a news senior writer and video staffer, after previously serving as senior associate editor for the news desk. She enjoys covering topics such as University governance and local politics.
Ruby Budetti is a staff writer on the news desk. She also works as a staffer for The Cavalier Daily social media team. She is a second-year student on the pre-Batten track and hopes to major in public policy and leadership.
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