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The United States Department of Justice (DOJ) filed a lawsuit against the state of Virginia to challenge a state law that allows certain immigrants residing illegally in the country to access state enrollment and educational benefits, a measure that the administration considers contrary to federal law.
According to Telemundo, the 13-page lawsuit was filed in a federal district court in Richmond, although a judge has not yet been assigned to the case. The DOJ argues that Virginia's legislation violates the Supremacy Clause of the Constitution, by contradicting federal immigration laws.
The state law in question extends eligibility for state enrollment to individuals who have established residency in Virginia for at least one year beforehand, and it stipulates that immigration status cannot be a reason for disqualification from accessing those benefits.
According to the Department of Justice, this policy constitutes discriminatory treatment towards American citizens. “This is not only wrong but also illegal. The discriminatory treatment of the challenged law, which favors illegal immigrants to the detriment of citizens, is entirely prohibited and nullified by federal law,” states the lawsuit reported by La Opinión.
The DOJ argues that federal legislation expressly prohibits states from granting postsecondary education benefits to undocumented immigrants when such benefits are not available to citizens in similar circumstances. “There are no exceptions. However, Virginia violates this,” states the legal document.
This action adds to a series of legal challenges initiated by the Trump administration against states that have adopted similar policies. In June, the federal government filed lawsuits against Texas, Kentucky, Oklahoma, Illinois, and California, according to a report from The Hill.
So far, the DOJ has reached agreements with the three states governed by Republicans, while Illinois and California continue to face legal proceedings.
The lawsuit against Virginia comes at a politically sensitive time, as Democrats prepare to take over the governorship and the Attorney General's office next month, following several victories in recent elections.
The Department of Justice requested the court to permanently block the enforcement of provisions of the Virginia Education Code that, it argues, directly conflict with federal immigration law.
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