Pretty unsatisfying analysis to me - Virginia is free to extend in-state tuition to Virginia residents however it likes.
The subset of Va. illegal immigrants who pay income taxes, and who necessarily pay property taxes (either directly or via rent) and sales taxes, are more entitled to in-state tuition than a New Jersey resident would be.
People who have entered the united states illegally could still meet other statutorily-defined residence requirements for in-state tuition.
State’s policy regarding immigrants can differ from federal rules for student loans, etc. Recall that most of AZ’s SB 1070 was found constitutional.
You don’t get a different result here just because you don’t like the policy at issue. We rely on federalism to sort these things out. If VA’s policy is bad for VA it will suffer and push productive people elsewhere.
I wish I could believe that Virginia’s current governor and attorney general were in any way concerned with state’s rights.
Is there a requirement that the families of the illegal alien students must have paid income or property taxes in order for the student to qualify for the lower in-state tuition?
I note you stated Virginia; actually it is Virginia's AG who has interpreted this benefit into existence. You think that's okay?
Obviously such was not the case prior to this decree.
This type of rule of men instead of rule of law is what us wrong with the country. In my opinion, the State Legislature is the proper venue for enacting such laws!