Case: United States v. Commonwealth of Virginia

3:25-cv-01067 | U.S. District Court for the Eastern District of Virginia

Filed Date: Dec. 29, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case.] In this lawsuit, the U.S. Department of Justice sued the state of Virginia, challenging Virginia laws that provided people not lawfully present in the United States with postsecondary education benefits as a violation of the Supremacy Clause.  The lawsuit, filed in the U.S. District Court for the District of Virginia on December 29, 2025, was assigned to Judge Robert E. Payne.  On December 30, 2025, the parties filed a joint motion for ent…

[This summary is temporary while we research the case.]

In this lawsuit, the U.S. Department of Justice sued the state of Virginia, challenging Virginia laws that provided people not lawfully present in the United States with postsecondary education benefits as a violation of the Supremacy Clause.  The lawsuit, filed in the U.S. District Court for the District of Virginia on December 29, 2025, was assigned to Judge Robert E. Payne.  On December 30, 2025, the parties filed a joint motion for entry of a consent judgment, noting their agreement that the challenged state laws were preempted by federal law to the extent that they applied to people not lawfully present in the United States. The parties requested that the court enter a final judgment declaring that the challenged laws -- Virginia Code §§ 23.1-502 and 23.505.1 -- violate the Supremacy Clause and are therefore invalid insofar as they apply to people not lawfully present in the United States, and that the court enter a permanent injunction prohibiting enforcement as to such people.  On December 31, 2025, the Dream Project, a Virginia-based non-profit, moved to intervene in the lawsuit in order to challenge the proposed joint consent decree and defend the validity of the challenged Virginia statutes.  This case is ongoing. 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72085714/parties/united-states-v-commonwealth-of-virginia/


Judge(s)
Attorney for Plaintiff

Hambrick, Jonathan Holland (Virginia)

Attorney for Defendant

Ciolfi, Angela A. (Virginia)

Gallagher, Kevin Michael (Virginia)

Gregg, Sophia Leticia (Virginia)

Heilman, Eden Brooke (Virginia)

show all people

Documents in the Clearinghouse

Document
1

3:25-cv-01067

Complaint

United States of America v. Commonwealth of Virginia

Dec. 29, 2025

Dec. 29, 2025

Complaint
3

3:25-cv-01067

Joint Motion for Entry of Consent Judgment

United States of America v. Commonwealth of Virginia

Dec. 30, 2025

Dec. 30, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72085714/united-states-v-commonwealth-of-virginia/

Last updated Feb. 13, 2026, 12:12 a.m.

ECF Number Description Date Link Date / Link
1

Complaint, filed by United States. (Attachments: # 1 Civil Cover Sheet)(Hambrick, Jonathan) (Main Document 1 replaced on 12/30/2025) (ewat, ). (Entered: 12/29/2025)

1 Civil Cover Sheet

View on RECAP

Dec. 29, 2025

Dec. 29, 2025

Clearinghouse

Initial Case Assignment

Dec. 29, 2025

Dec. 29, 2025

Initial Case Assignment to District Judge Robert E. Payne. (ewat, )

Dec. 29, 2025

Dec. 29, 2025

2

NOTICE of Appearance by Kevin Michael Gallagher on behalf of Commonwealth of Virginia (Gallagher, Kevin) (Entered: 12/30/2025)

Dec. 30, 2025

Dec. 30, 2025

3

Joint MOTION For Entry of Consent Judgment by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan) (Entered: 12/30/2025)

1 Proposed Order

View on RECAP

Dec. 30, 2025

Dec. 30, 2025

Clearinghouse
4

MOTION to Intervene, For Extension of Time to File Pleading, and to Stay Adjudication of Joint Motion For Entry of Consent Judgment by The Dream Project. (Attachments: # 1 Memorandum in support, # 2 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project, # 3 Proposed Order)(Kornya, Alexander) (Entered: 12/31/2025)

1 Memorandum in support

View on RECAP

2 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project

View on RECAP

3 Proposed Order

View on PACER

Dec. 31, 2025

Dec. 31, 2025

RECAP
5

NOTICE of Appearance by Sophia Leticia Gregg on behalf of The Dream Project (Gregg, Sophia) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

6

NOTICE of Appearance by Eden Brooke Heilman on behalf of The Dream Project (Heilman, Eden) (Main Document 6 replaced on 1/2/2026) (ewat, ). (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

7

NOTICE of Appearance by Angela A. Ciolfi on behalf of The Dream Project (Ciolfi, Angela) (Entered: 01/02/2026)

Jan. 2, 2026

Jan. 2, 2026

8

Corporate Disclosure Statement by The Dream Project. (Kornya, Alexander) (Main Document 8 replaced on 1/7/2026) (ewat, ). (Entered: 01/06/2026)

Jan. 6, 2026

Jan. 6, 2026

9

MOTION to Intervene by The Dream Project. (Attachments: # 1 Proposed Order)(Kornya, Alexander) (Entered: 01/06/2026)

Jan. 6, 2026

Jan. 6, 2026

10

Memorandum in Support re 9 MOTION to Intervene filed by The Dream Project. (Attachments: # 1 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project)(Kornya, Alexander) (Entered: 01/06/2026)

Jan. 6, 2026

Jan. 6, 2026

11

MOTION to Stay re 3 Joint MOTION For Entry of Consent Judgment by The Dream Project. (Attachments: # 1 Proposed Order)(Kornya, Alexander) (Entered: 01/06/2026)

Jan. 6, 2026

Jan. 6, 2026

12

Memorandum in Support re 11 MOTION to Stay re 3 Joint MOTION For Entry of Consent Judgment filed by The Dream Project. (Attachments: # 1 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project)(Kornya, Alexander) (Entered: 01/06/2026)

1 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project

View on PACER

Jan. 6, 2026

Jan. 6, 2026

13

MOTION for Extension of Time to File Pleadings by The Dream Project. (Attachments: # 1 Proposed Order)(Kornya, Alexander) (Entered: 01/06/2026)

Jan. 6, 2026

Jan. 6, 2026

14

Memorandum in Support re 13 MOTION for Extension of Time to File Pleadings filed by The Dream Project. (Attachments: # 1 Exhibit Declaration of Zuraya Tapia, Exec. Director of the Dream Project)(Kornya, Alexander) (Entered: 01/06/2026)

Jan. 6, 2026

Jan. 6, 2026

Notice of Correction re 4 MOTION to Intervene, For Extension of Time to File Pleading, and to Stay Adjudication of Joint Motion For Entry of Consent Judgment: Pleading should be re-filed as separate motions/entries on the docket: (1) Motion to Intervene; (2) Motion for Extension of Time; and (3) Motion to Stay Adjudication of Motion for Entry of Consent Judgment. The Memorandum in Support (ECF No. 4 -1) should be re-filed as its own docket entry, not as an attachment. The Dream Project's party status has been changed to "Movant." (ewat, )

Jan. 6, 2026

Jan. 6, 2026

Notice of Correction

Jan. 6, 2026

Jan. 6, 2026

15

NOTICE of Appearance by Sean Skedzielewski on behalf of UNITED STATES OF AMERICA (Skedzielewski, Sean) (Entered: 01/07/2026)

Jan. 7, 2026

Jan. 7, 2026

16

ORDER - For the reasons set forth on the record on January 6, 2026, it is hereby ORDERED that by January 13, 2026, The Dream Project shall file the pleading necessary to satisfy its Rule 24(c) Notice and Pleading Requirement. By January 16, 2026, the Commonwealth of Virginia shall file its response to The Dream Project's Rule 24(c) filing. By January 22, 2026, The Dream Project shall file its reply to the Commonwealth of Virginia's response. By January 27, 2026, the United States shall file its response to The Dream Project's Rule 24(c) filing. By February 2, 2026, The Dream Project shall file its reply to the United States' response. It is so ORDERED. Signed by District Judge Robert E. Payne on 1/8/2026. (ewat, ) (Entered: 01/08/2026)

Jan. 7, 2026

Jan. 7, 2026

RECAP

Notice of Correction re 8 Corporate Disclosure Statement: Only standard.pdf documents should be filed, not fillable.pdf documents. Clerk converted document to standard.pdf and replaced document. No further action required at this time. (ewat, )

Jan. 7, 2026

Jan. 7, 2026

Notice of Correction

Jan. 7, 2026

Jan. 7, 2026

17

ANSWER to Complaint by Commonwealth of Virginia.(Gallagher, Kevin) (Entered: 01/09/2026)

Jan. 9, 2026

Jan. 9, 2026

RECAP
18

MOTION to Intervene and to Stay Adjudication of Joint Motion for Entry of Consent Judgment by Alex Doe, Belinda Doe. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

19

Memorandum in Support re 18 MOTION to Intervene and to Stay Adjudication of Joint Motion for Entry of Consent Judgment filed by Alex Doe, Belinda Doe. (Attachments: # 1 Exhibit Declaration Of Alex Doe (Under Pseudonym), # 2 Exhibit Declaration Of Belinda Doe (Under Pseudonym))(McElvain, Joel) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

20

MOTION for Leave to Proceed Under Pseudonyms by Alex Doe, Belinda Doe. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

21

Memorandum in Support re 20 MOTION for Leave to Proceed Under Pseudonyms filed by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

22

Proposed ANSWER to Complaint by Alex Doe, Belinda Doe.(McElvain, Joel) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

23

Motion to appear Pro Hac Vice by Paul R.Q. Wolfson and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-10710115. by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

24

Motion to appear Pro Hac Vice by Christine Coogle and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-10710119. by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

25

Motion to appear Pro Hac Vice by Orlando Economos and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-10710120. by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

26

Motion to appear Pro Hac Vice by Andrew Bookbinder and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-10710122. by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

RECAP
27

NOTICE of Appearance by Graham Keith Bryant on behalf of Commonwealth of Virginia (Bryant, Graham) (Entered: 01/15/2026)

Jan. 15, 2026

Jan. 15, 2026

28

MOTION to Intervene by Virginia Students for Affordable Tuition. (Attachments: # 1 Proposed Order, # 2 Exhibit Proposed Answer)(Calderon, Ofelia) (Entered: 01/15/2026)

Jan. 15, 2026

Jan. 15, 2026

29

Brief in Support of Motion to Intervene filed by Virginia Students for Affordable Tuition. (Calderon, Ofelia) (Entered: 01/15/2026)

Jan. 15, 2026

Jan. 15, 2026

Notice of Correction re 22 Answer to Complaint: Proposed Answer may not be filed until the Motion to Intervene (ECF No. 18 ) has been fully briefed by the parties and ruled upon by the Court. (ewat, )

Jan. 15, 2026

Jan. 15, 2026

Notice of Correction

Jan. 15, 2026

Jan. 15, 2026

30

RESPONSE in Opposition re 9 MOTION to Intervene filed by Commonwealth of Virginia. (Gallagher, Kevin) (Entered: 01/16/2026)

Jan. 16, 2026

Jan. 16, 2026

31

Memorandum in Opposition re 18 MOTION to Intervene and to Stay Adjudication of Joint Motion for Entry of Consent Judgment filed by Commonwealth of Virginia. (Gallagher, Kevin) (Entered: 01/16/2026)

Jan. 16, 2026

Jan. 16, 2026

32

Memorandum in Opposition re 28 MOTION to Intervene filed by Commonwealth of Virginia. (Gallagher, Kevin) (Entered: 01/16/2026)

Jan. 16, 2026

Jan. 16, 2026

RECAP
33

MOTION to Withdraw as Attorney by Commonwealth of Virginia. (Gallagher, Kevin) (Entered: 01/17/2026)

Jan. 17, 2026

Jan. 17, 2026

RECAP
46

Response to 42 NOTICE of Withdrawal of Consent to Entry of Consent Judgment filed by UNITED STATES OF AMERICA. (Skedzielewski, Sean) (Entered: 01/21/2026)

Jan. 21, 2026

Jan. 21, 2026

47

MOTION to Withdraw as Attorney by Commonwealth of Virginia. (Bryant, Graham) (Entered: 01/21/2026)

Jan. 21, 2026

Jan. 21, 2026

48

ORDER granting 39 Motion for Pro hac vice. Andrea Erin Elvira Senteno Appointed for Virginia Students for Affordable Tuition. Signed by District Judge Robert E. Payne on 1/22/2026. (ewat, ) (Entered: 01/22/2026)

Jan. 22, 2026

Jan. 22, 2026

49

ORDER granting 40 Motion for Pro hac vice. Sebastian Thomas Alarcon Appointed for Virginia Students for Affordable Tuition. Signed by District Judge Robert E. Payne on 1/22/2026. (ewat, ) (Entered: 01/22/2026)

Jan. 22, 2026

Jan. 22, 2026

50

ORDER - Having considered the Motion to Withdraw as Counsel (ECF No. 47 ), and for good cause shown, it is hereby ORDERED that the Motion to Withdraw as Counsel (ECF No. 47 ) is granted. It is further ORDERED that the Clerk shall remove Graham K. Bryant, Esquire as counsel of record for the defendant. It is so ORDERED. Signed by District Judge Robert E. Payne on 1/22/2026. (ewat, ) (Entered: 01/22/2026)

Jan. 22, 2026

Jan. 22, 2026

51

NOTICE of Appearance by Robert Olaf Lindefjeld on behalf of UNITED STATES OF AMERICA (Lindefjeld, Robert) (Entered: 01/23/2026)

Jan. 23, 2026

Jan. 23, 2026

52

NOTICE by UNITED STATES OF AMERICA re 1 Complaint Notice of Errata (Attachments: # 1 Errata Corrected Complaint)(Lindefjeld, Robert) (Entered: 01/23/2026)

Jan. 23, 2026

Jan. 23, 2026

53

NOTICE of Appearance by Mikaela Austin Phillips on behalf of Commonwealth of Virginia (Phillips, Mikaela) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

54

NOTICE of Appearance by Robert Sherman Claiborne, Jr on behalf of Commonwealth of Virginia (Claiborne, Robert) (Entered: 01/27/2026)

Jan. 27, 2026

Jan. 27, 2026

55

AMENDED ANSWER to Complaint by Commonwealth of Virginia. (Claiborne, Robert) (Entered: 01/27/2026)

Jan. 27, 2026

Jan. 27, 2026

56

Memorandum in Opposition re 9 MOTION to Intervene by Dream Project filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/27/2026)

Jan. 27, 2026

Jan. 27, 2026

57

Opposition to Motion to Dismiss by Dream Project filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/27/2026)

Jan. 27, 2026

Jan. 27, 2026

58

Memorandum in Opposition re 11 MOTION to Stay re 3 Joint MOTION For Entry of Consent Judgment by the Dream Project filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/27/2026)

Jan. 27, 2026

Jan. 27, 2026

Case Details

State / Territory:

Virginia

Case Type(s):

Presidential/Gubernatorial Authority

Immigration and/or the Border

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: Dec. 29, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Filed Pro Se: No

Defendants

Commonwealth of Virginia, State

Case Details

Other Dockets:

Eastern District of Virginia 3:25-cv-01067

Available Documents:

Complaint (any)

Trial Court Docket