Federal judge rejects Justice Department challenge to Virginia in-state tuition laws for noncitizen students
A federal judge in the Eastern District of Virginia on October 5, 2026, dismissed the Trump administration's lawsuit challenging two Virginia laws that it said improperly gave in-state tuition rates to noncitizen students. Judge Robert E. Payne granted Virginia's motion for summary judgment and denied the federal government's, holding that neither the Domicile Pathway nor the Tuition Equity Pathway is preempted by federal law.
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