On December 29, the U.S. Department of Justice filed a lawsuit against Virginia, alleging that sections of state law violated federal law by granting certain college benefits—particularly in-state tuition rates—to undocumented immigrants without making the same benefits available to all U.S. citizens.

Virginia quickly moved to avoid prolonged litigation, agreeing to a consent judgment.

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In a motion filed one day after the lawsuit, the Commonwealth agreed that a federal court should declare the disputed sections of law in violation of the Supremacy Clause and therefore invalid.

Virginia also agreed that the court should enter a permanent injunction prohibiting the challenged practices and preventing any successors, agents, or employees from enforcing those sections of the state code. This effectively prevents the incoming administration under Governor-elect Abigail Spanberger from reversing course.

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The agreement also spares Virginia from paying the costs and fees the federal government sought in its original complaint.

Attorney General Jason Miyares has expressed pride in the decision to side with the federal government.

However, Attorney General-elect Jay Jones is not in agreement and said his team is reviewing its options.

This is a developing story as third parties have requested the court allow them to intervene. Subscribe below for updates.

WATCH:

A Breakdown of the DOJ’s Lawsuit

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