Richmond, VA – A Latino civil rights organization filed a motion to intervene in a federal lawsuit seeking to eliminate regular tuition for students without lawful immigration status in Virginia, according to papers filed in federal court Thursday.
MALDEF (Mexican American Legal Defense and Educational Fund) and co-counsel Ofelia L. Calderón of Calderón Seguin, PLC, filed the request on behalf of Virginia Students for Affordable Tuition (VSAT), an unincorporated association of college students without lawful immigration status who rely on Virginia’s tuition policy to afford higher education. Under Virginia law, students without lawful immigration status who attended two years of high school and graduated or passed a high school equivalency exam, and who meet other requirements may qualify for regular tuition at public institutions. The policy has been in place since 2020.
“This is the Justice Department’s fourth attempt to push through a controversial court declaration that a longstanding state tuition law is unconstitutional, without providing any opportunity for those most affected to contest the collusive judgment being submitted,” said Thomas A. Saenz, MALDEF president and general counsel. “This is irresponsible behavior that denies the rule of law, especially here where it was all timed to try to take advantage of the brief lame-duck tenure of a state attorney general ignominiously defeated in last November’s elections.”
At issue is a lawsuit filed by the U.S. Department of Justice on Dec. 29, 2025, alleging that the state’s education code violates federal law by allowing undocumented students living in Virginia to access regular tuition benefits while denying those same benefits to U.S. citizens who reside outside the state. The following day—rather than defending its own law—the Commonwealth joined the United States in filing a joint motion for entry of a consent judgment.
“This lawsuit is yet another attempt by the Trump administration to work with an attorney general to override the will of a state legislature and take affordable tuition rates away from immigrant students,” said MALDEF staff attorney Sebastian Alarcon. “We commend the students of VSAT for coming forward and asking for their day in court in order to defend Virginia’s tuition laws.”
Attorneys argue that VSAT’s members pursued higher education in Virginia in reliance on guarantees that they would qualify for regular tuition rates. If those guarantees are eliminated, students would face sudden and substantial tuition increases—potentially paying out-of-state rates nearly triple their current costs—threatening their ability to complete their studies. Many come from low-income backgrounds and are ineligible for federal financial aid, leaving them at risk of being forced out of college after years of investment.
“I am profoundly grateful for the opportunity to work with MALDEF and to represent students all over Virginia,” said Calderón Seguin. “The resilience of these students inspires me every day and I am committed to ensuring they receive the dignity and access every student deserves.”
The motion to intervene was filed in the United States District Court for the Eastern District of Virginia.
The DOJ’s lawsuit against Virginia follows similar actions filed by the Trump administration against other states with tuition equity or financial aid policies for undocumented students.
MALDEF has also sought to intervene in related cases, including a lawsuit in Texas on behalf of a group of students facing higher tuition rates after the repeal of the Texas Dream Act, as well as lawsuits in Kentucky and Oklahoma, where the DOJ is seeking to eliminate the regular tuition rates paid by most students for those without lawful immigration status living in the state. Read the motion to intervene in the Oklahoma case HERE.
MALDEF has also filed its first brief in the Fifth Circuit Court of Appeals on the Texas case. Find the brief HERE.
On Nov. 19, 2025, a federal judge allowed students from Kentucky represented by MALDEF to intervene to protect their access to regular tuition guaranteed under state law. Read the order granting intervention in Kentucky HERE.
MALDEF continues to oppose the federal government’s efforts to invalidate state tuition policies that expand access to higher education for students who have lived, studied, and contributed to their states for most of their lives.
Read the motion to intervene in the Virginia case HERE.