E.D. VA.Court order
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.
Order (Bloomberg Law) → · Courthouse News Service
Key points
- The U.S. District Court for the Eastern District of Virginia dismissed the Justice Department's challenge to two Virginia in-state tuition laws.Bloomberg LawCourthouse News Service
- The administration claimed the laws impermissibly provided in-state tuition rates to noncitizen students.Bloomberg Law
- Judge Robert E. Payne granted Virginia's summary judgment motion and denied the federal government's in a Monday opinion.Bloomberg LawCourthouse News Service
- The court held the Domicile Pathway is not preempted because it does not provide tuition benefits to undocumented students.Bloomberg LawCourthouse News Service
- It held the Tuition Equity Pathway is not preempted because it does not make eligibility turn on residence.Bloomberg LawCourthouse News Service