Dream Project, organizations file motion to dismiss DOJ’s tuition lawsuit against Virginia

RICHMOND, Va. (WRIC) — Several Virginia organizations have filed a motion to dismiss a Department of Justice (DOJ) lawsuit accusing the commonwealth of breaking federal laws through its in-state tuition policies -- the latest move in a dispute over whether students without legal authorization can receive financial support at Virginia colleges.

The motion -- filed jointly on Tuesday, Jan. 13, by the Dream Project, the Legal Aid Justice Center and the American Civil Liberties Union (ACLU) of Virginia -- came after the DOJ sued Virginia on Dec. 29, 2025, alleging the state's tuition aid policies for immigrant and undocumented students violate federal laws.

The Dream Project is a non-profit organization advocating for educational access for immigrant students.

The organizations defended Virginia's tuition policies in a Dec. 31, 2025, release and argued that the DOJ lawsuit could leave thousands of Virginia students without access to affordable higher education.

PREVIOUS: DOJ files lawsuit against Virginia over migrant tuition aid policies

Outgoing Attorney General Jason Miyares (R), on Dec. 30, 2025, sided with the Trump administration in a joint court filing claiming the policies are unconstitutional.

The Virginia organizations then filed an emergency motion on Dec. 31, 2025, in an attempt to intervene in the legal battle.

“They are Virginians in every way that matters, and they deserve someone to stand up and fight for them. We want to intervene for the court to consider the real-world impact on Virginia students before making a final decision,“ said Rohmah Javed, a director at the Legal Aid Justice Center, in the release.

At the center of the suit is the Virginia Dream Act, which was signed into law on July 1, 2020, by then-Gov. Ralph Northam (D). Under the bill, students who meet certain criteria can qualify for lower, in-state tuition at Virginia's public universities regardless of their immigration status.

Some of the criteria include at least two years of attendance at a Virginia high school, graduation from said high school or passing of an equivalent state exam and payment of taxes.

According to court documents, the Virginia Dream Act may be the only channel for undocumented immigrants to receive in-state tuition.

PREVIOUS: Miyares makes deal with DOJ instead of taking tuition aid lawsuit to court

The organizations argued that the joint agreement Miyares recently entered is "a collusive attempt between the United States and the Commonwealth to nullify a statute duly enacted by Virginia's legislature almost five years ago, without adversarial process." The group asked a federal judge to dismiss the DOJ lawsuit entirely.

The Office of the Attorney General told 8News in a Dec. 31, 2025, statement that Miyares takes pride in his efforts to abolish the Virginia Dream Act.

"It is clear that this Northam-era state statute is preempted by federal law. Illegal immigrants cannot be given benefits that are not available to American citizens. Rewarding non-citizens with the privilege of in-state tuition is wrong and only further incentivizes illegal immigration," the statement from Miyares read. "I have always said that I will call balls and strikes, and I am proud to have played a part in ending this unlawful program." 

The Trump administration has filed similar lawsuits against tuition policies in other states, including Illinois, Oklahoma, Minnesota, Kentucky and Texas.