Virginia LULAC Celebrates Federal Court Victory Upholding the Virginia DREAM Act
A Victory for Educational Opportunity, Latino Families, and the Future of Virginia
Virginia LULAC proudly celebrates the October 5, 2026, federal court decision upholding the Virginia DREAM Act, a landmark law protecting access to higher education for qualifying immigrant students across the Commonwealth. Senior U.S. District Judge Robert E. Payne of the U.S. District Court for the Eastern District of Virginia ruled in favor of the Commonwealth, rejecting a legal challenge brought by the U.S. Department of Justice that sought to invalidate Virginia's in-state tuition policies. The decision preserves the Commonwealth's ability to continue enforcing the Virginia DREAM Act, enacted in 2020, which allows eligible students to qualify for in-state tuition at Virginia's public colleges and universities regardless of citizenship or immigration status.
Virginia LULAC is especially proud that the Commonwealth of Virginia is sending a powerful message to the nation and the world: Virginia believes in education, Virginia believes in opportunity, and Virginia recognizes that an educated population is the foundation of a stronger, more prosperous society. By successfully defending the Virginia DREAM Act, the Commonwealth has demonstrated its commitment to investing in the potential of its students and recognizing that educational opportunity benefits not only individuals and families, but society as a whole.
The ruling is particularly significant for immigrant students who have grown up in Virginia, attended its public schools, and consider the Commonwealth their home. Under the Virginia DREAM Act's tuition equity provisions, eligible students must have attended a Virginia high school for at least two years, graduated or earned an approved high school equivalency credential, and satisfied specific Virginia income tax filing requirements. By preserving these protections, the court's decision ensures that qualifying students can continue pursuing their educational aspirations and contributing to the communities they have long called home.
Virginia LULAC applauds the Commonwealth for recognizing that the benefits of education extend far beyond the classroom. An educated population strengthens our workforce, drives innovation, supports economic growth, and helps build healthier, more resilient communities. The teachers who educate our children, the healthcare professionals who care for our families, the entrepreneurs who create opportunities, and the civic leaders who shape our future all begin their journeys with access to education.
This ruling represents more than a legal victory. It is a moment of pride for Virginia and a reaffirmation of the Commonwealth's commitment to educational opportunity. We are proud to see Virginia setting an example that reaches beyond our borders, demonstrating that investing in the education of our people is an investment in the future of our communities, our Commonwealth, and our nation.
An educated Virginia is a stronger Virginia. And a stronger, better-educated Virginia creates a brighter future for us all.
A History of the Virginia DREAM Act: Years of Advocacy and Progress
The Virginia DREAM Act represents more than a decade of legislative efforts, community organizing, and advocacy to expand higher education opportunities for immigrant students throughout the Commonwealth.
Beginning in the early 2010s, lawmakers and immigrant rights advocates worked to establish a pathway for undocumented students who had grown up in Virginia and graduated from its schools to qualify for in-state tuition at public colleges and universities. Among the earliest legislative champions was Delegate Alfonso Lopez, who introduced DREAM Act legislation in 2012 and continued pursuing its passage in subsequent General Assembly sessions.
An important milestone came in 2014, when then-Attorney General Mark Herring announced that qualifying students protected under the federal Deferred Action for Childhood Arrivals (DACA) program could establish eligibility for in-state tuition under existing Virginia law. Although this decision expanded educational opportunities for many young immigrants, it did not extend the same protections to all undocumented students.
After years of continued advocacy, a major breakthrough came during the 2020 Virginia General Assembly session. Delegate Alfonso Lopez served as the chief patron of House Bill 1547, while Senator Jennifer Boysko carried companion legislation, Senate Bill 395, with then Senator Ghazala Hashmi among its patrons. Together with fellow legislators, immigrant students, families, and community organizations, their efforts helped secure passage of legislation expanding in-state tuition eligibility regardless of immigration status for students meeting the law's requirements.
On April 7, 2020, Governor Ralph Northam signed the legislation into law, with its provisions taking effect on July 1, 2020. Virginia became the first Southern state to enact this type of tuition-equity legislation, marking an important milestone in the Commonwealth's approach to educational access.
The legislation established a pathway for qualifying students who attended Virginia high schools, completed their secondary education, and satisfied state income tax filing requirements to pursue higher education at in-state tuition rates, regardless of their citizenship or immigration status.
However, the future of the Virginia DREAM Act faced a significant legal challenge in December 2025, when the U.S. Department of Justice filed a lawsuit challenging Virginia's tuition eligibility policies under federal law. The challenge prompted renewed efforts from immigrant students, community organizations, legal advocates, and state officials to defend the legislation.
On October 5, 2026, Senior U.S. District Judge Robert E. Payne ruled in favor of the Commonwealth, determining that Virginia's challenged in-state tuition pathways were not preempted by federal law. The decision preserved the Virginia DREAM Act at the district court level, although the possibility of an appeal remains.
For Virginia LULAC, the history of the DREAM Act illustrates the years of dedication required to expand educational opportunity and the importance of continued engagement by students, families, elected officials, and community advocates.
From its earliest legislative proposals to its passage in 2020 and its defense in federal court in 2026, the Virginia DREAM Act has become an important chapter in the Commonwealth's history of educational access and immigrant advocacy.
Recognizing Delegate Alfonso Lopez’s Leadership
Virginia LULAC extends its heartfelt congratulations and appreciation to Delegate Alfonso Lopez, whose years of legislative leadership and advocacy helped make the Virginia DREAM Act a reality in 2020.
Virginia LULAC proudly recognizes Delegate Alfonso Lopez, the chief patron of House Bill 1547, the landmark legislation that expanded in-state tuition eligibility for qualifying immigrant students in Virginia. After years of dedicated legislative advocacy, Delegate Lopez played a leading role in securing passage of the Virginia DREAM Act through the General Assembly in 2020, helping establish an important pathway to affordable higher education for thousands of students across the Commonwealth.
House Bill 1547: https://legacylis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB1547
Delegate Lopez has been a longstanding advocate for immigrant communities and expanding educational and economic opportunities for Latino families throughout the Commonwealth. His leadership on the Virginia DREAM Act reflects his commitment to ensuring that students who have grown up in Virginia, attended our schools, and contributed to our communities have the opportunity to pursue higher education, regardless of their immigration status.
Following the court’s decision, Delegate Lopez emphasized the importance of protecting students who have spent much of their lives in Virginia and whose futures are deeply connected to the Commonwealth.
As Delegate Lopez stated:
“At its core, this is an issue of fairness and economic competitiveness. College access is critical for the future of Virginia students and our economy.”
Virginia LULAC recognizes Delegate Lopez’s contributions to advancing this legislation and his continued commitment to preserving it for future generations.
His work serves as an example of the important role Latino representation can play in shaping policies that directly affect the communities our elected officials serve.
A Victory for Virginia’s Students and Families
For thousands of immigrant families, education represents more than an academic achievement. It represents opportunity, economic mobility, stability, and the possibility of building a better future.
Many students who benefit from the Virginia DREAM Act have spent their formative years in the Commonwealth. They have attended our public schools, participated in our communities, and developed aspirations to become the next generation of teachers, nurses, engineers, entrepreneurs, and community leaders.
These students are part of Virginia’s social and economic fabric.
Virginia LULAC believes that students who have invested years in their education and demonstrated their commitment to their communities deserve a meaningful opportunity to continue pursuing their academic and professional ambitions.
The DREAM Act recognizes that connection by establishing an avenue to in-state tuition based on educational and other statutory requirements rather than immigration status alone.
When Virginia invests in educational opportunity, it also invests in the future of its workforce, its communities, and its economy.
Recognizing Attorney General Jay Jones and Community Advocates
Virginia LULAC also congratulates Attorney General Jay Jones and his office for successfully defending the Commonwealth’s in-state tuition laws in federal court.
The Attorney General’s defense of the legislation played a central role in preserving the tuition-equity pathway established under Virginia law.
We also extend our sincere appreciation to the Virginia DREAM Project, the Legal Aid Justice Center, the ACLU of Virginia, and the countless students, families, organizers, and advocates who have worked to protect educational opportunities for immigrant communities.
This achievement reflects years of organizing, legislative advocacy, legal work, and community engagement.
Virginia LULAC recognizes that meaningful progress often requires cooperation among elected officials, civil rights organizations, legal advocates, and the communities most directly affected by public policy.
Their collective efforts have helped preserve an important educational opportunity for students throughout the Commonwealth.
Continuing the Commitment to Educational Equity
While Virginia LULAC celebrates this important legal victory, we also recognize that the work of protecting educational access is ongoing.
The federal court’s ruling preserves the Virginia DREAM Act at the district court level, although future appeals remain possible.
Virginia LULAC remains committed to advocating for policies that expand educational opportunities, strengthen economic mobility, and help Latino and immigrant families access the resources necessary to succeed.
We believe that the potential of a student should not be defined by the circumstances of their immigration status, but by their dedication, aspirations, and willingness to contribute to the community around them.
The future of Virginia depends on the talents and contributions of all its communities, including the many Latino and immigrant families who continue to shape the Commonwealth’s growth.
Virginia LULAC proudly congratulates Delegate Alfonso Lopez, Attorney General Jay Jones, the Virginia DREAM Project, and all those whose dedication helped secure this important victory.
Today, we celebrate the preservation of an opportunity. Tomorrow, we continue working to ensure that future generations of Virginia students have the resources and opportunities they need to succeed.
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About Virginia LULAC
Virginia LULAC is the state chapter of the League of United Latin American Citizens (LULAC), the nation’s oldest and largest Latino civil rights advocacy organization. Our mission is to advance the economic condition, educational attainment, political influence, health, housing, and civil rights of Hispanic Americans in the Commonwealth of Virginia and beyond.
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