According to today’s Free Lance-Star, Virginia Attorney General Mark Herring has unilaterally decided that illegal immigrants who live in Virginia must be given in-state tuition rates at all state institutions of higher education.
A similar argument arose a few years ago when I was in Colorado and I became aware of a federal law that said if any state offered in-state tuition to illegal immigrants, it had to offer in-state tuition to all US citizens. So according to federal law, no Virginian institute of higher education may charge out-of-state tuition to an American citizen. I did a quick internet search to be sure and found a summary that affirmed my memory.
However, given the negative impact this would have on higher education budgets, I doubt Virginia will willfully follow federal law. It will be interesting to see if any out-of-state American students sue Virginia over this clear violation.