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 complete

Case Summary

This case, brought by the U.S. Department of Justice (DOJ), challenges a Virginia statute that allows non-U.S. citizens to qualify for in-state tuition rates and state-administered financial aid.  On December 29, 2025, the DOJ brought this lawsuit against the Commonwealth of Virginia in the U.S. District Court for the Eastern District of Virginia. The DOJ seeks declaratory relief and injunctive relief precluding application of the Virginia statute to non-citizens, alleging that the statute is p…

This case, brought by the U.S. Department of Justice (DOJ), challenges a Virginia statute that allows non-U.S. citizens to qualify for in-state tuition rates and state-administered financial aid. 

On December 29, 2025, the DOJ brought this lawsuit against the Commonwealth of Virginia in the U.S. District Court for the Eastern District of Virginia. The DOJ seeks declaratory relief and injunctive relief precluding application of the Virginia statute to non-citizens, alleging that the statute is preempted by federal law and violates the Supremacy Clause of the U.S. Constitution. The case was assigned to District Judge Robert E. Payne. 

Virginia Code § 23.1-502(B) (hereinafter "the Act”) provides that a college student qualifies for in-state tuition after one year of being domiciled in Virginia. The Act makes explicit that a parent’s immigration status may not be the sole basis for ineligibility of a student. It also creates an alternative path to residency, which considers location of high school graduation, past tax filings from at least one parent, and enrollment at a Virginia institution of higher education. Establishing residency, either through domiciliary or the alternative path, qualifies students for in-state tuition rates and state financial aid assistance. 

The DOJ argues that the Act is preempted by 8 U.S.C § 1623, a federal law that provides “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit without regard to whether the citizen or national is such a resident.” It further alleges that the Act “unconstitutionally discriminates” against U.S. citizens, as it provides tuition benefits to non-citizens who have established residency under the Virginia statute that are not available to all U.S. citizens.

On December 30, 2025, the parties filed a joint motion for entry of a consent judgment. The proposed order requested that the court enter a permanent injunction prohibiting enforcement of the Virginia Dream Act. The Dream Project, a Virginia non-profit that supports noncitizen students whose immigration status creates barriers to higher education, moved to intervene on December 31, 2025. The Dream Project alleges that the suit before the court is collusive, as the interests of the plaintiff and defendant are aligned–as evidenced by the joint motion for entry of consent judgment. The Dream Project also moved to stay adjudication of the consent judgment. On January 15, 2026, Virginia Students for Affordable Tuition filed a motion to intervene. As of February 22, 2026, Judge Payne has not yet ruled on either motion to intervene. 

On January 20, 2026, the state withdrew its consent to entry of the Consent Judgment, the motion for entry of which was still pending, pointing to a “change in Administration” in state government, and stating that it is “of the view that [the Act] does not violate the Supremacy Clause and is not preempted.”

This case is ongoing.

Summary Authors

Allison Opheim (2/22/2026)

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
42

3:25-cv-01067

Notice of Withdrawal of Consent to Entry of Consent Judgment

United States of America v. Commonwealth of Virginia

Jan. 20, 2026

Jan. 20, 2026

Pleading / Motion / Brief

Docket

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

Last updated Feb. 27, 2026, 12:16 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

Minute Entry for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 1/6/2026. (Court Reporter Melissa Custis, OCR.)(nbrow)

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
34

ORDER granting 23 Motion for Pro hac vice. Paul R.Q. Wolfson Appointed for Alex Doe and Belinda Doe. Signed by District Judge Robert E. Payne on 1/20/2026. (ewat, ). (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

35

ORDER granting 24 Motion for Pro hac vice. Christine Coogle Appointed for Alex Doe and Belinda Doe. Signed by District Judge Robert E. Payne on 1/20/2026. (ewat, ) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

36

ORDER granting 25 Motion for Pro hac vice. Orlando Economos Appointed for Alex Doe and Belinda Doe. Signed by District Judge Robert E. Payne on 1/20/2026. (ewat, ) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

37

ORDER granting 26 Motion for Pro hac vice. Andrew Bookbinder Appointed for Alex Doe and Belinda Doe. Signed by District Judge Robert E. Payne on 1/20/2026. (ewat, ) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

38

ORDER - Having considered the Motion to Withdraw as Counsel (ECF No. 33 ), and for good cause shown, it is hereby ORDERED that the Motion to Withdraw as Counsel (ECF No. 33 ) is granted. It is further ORDERED that the Clerk shall remove Kevin M. Gallagher, Esquire as counsel of record for the defendant. It is so ORDERED. Signed by District Judge Robert E. Payne on 1/20/2026. (ewat, ) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

39

Motion to appear Pro Hac Vice by Andrea Senteno and Certification of Local Counsel Ofelia Lee Calderon Filing fee $ 75, receipt number AVAEDC-10722415. by Virginia Students for Affordable Tuition. (Calderon, Ofelia) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

40

Motion to appear Pro Hac Vice by Sebastian Thomas Alarcon and Certification of Local Counsel Ofelia Lee Calderon Filing fee $ 75, receipt number AVAEDC-10722436. by Virginia Students for Affordable Tuition. (Calderon, Ofelia) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

41

NOTICE of Appearance by Richard Trent Taylor on behalf of Commonwealth of Virginia (Taylor, Richard) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

42

NOTICE by Commonwealth of Virginia re 3 Joint MOTION For Entry of Consent Judgment (Taylor, Richard) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

Clearinghouse
43

NOTICE by Commonwealth of Virginia re 30 Response in Opposition to Motion (Taylor, Richard) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

44

NOTICE by Commonwealth of Virginia re 31 Memorandum in Opposition (Taylor, Richard) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

45

NOTICE by Commonwealth of Virginia re 32 Memorandum in Opposition (Taylor, Richard) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 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

59

Opposition to the Proposed Intervenors' Motion to Intervene filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/28/2026)

Jan. 28, 2026

Jan. 28, 2026

60

Opposition to the Proposed Student Intervenors' Motion to Stay Adjudication of Joint Motion for Entry of Consent Judgment filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/28/2026)

Jan. 28, 2026

Jan. 28, 2026

61

Opposition to Proposed Student Intervenors' Motion for Leave to Proceed Using Pseudonyms filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/28/2026)

Jan. 28, 2026

Jan. 28, 2026

62

Memorandum in Opposition re 28 MOTION to Intervene by Virginia Students for Affordable Tuition filed by UNITED STATES OF AMERICA. (Lindefjeld, Robert) (Entered: 01/29/2026)

Jan. 29, 2026

Jan. 29, 2026

63

TRANSCRIPT of proceedings held on January 6, 2026, before Judge Robert E. Payne, Court Reporter Melissa Custis, Telephone number 804-916-2278. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/2/2026. Redacted Transcript Deadline set for 4/2/2026. Release of Transcript Restriction set for 5/1/2026.(Custis, Melissa) (Entered: 01/31/2026)

Jan. 31, 2026

Jan. 31, 2026

64

Reply to 56 Memorandum in Opposition to Motion to Intervene filed by The Dream Project. (Kornya, Alexander) (Entered: 02/02/2026)

Feb. 2, 2026

Feb. 2, 2026

65

Reply to 58 Memorandum in Opposition to Motion to Stay filed by The Dream Project. (Kornya, Alexander) (Entered: 02/02/2026)

Feb. 2, 2026

Feb. 2, 2026

66

Reply to 60 Opposition, 59 Opposition to the Proposed Intervenors' Motion to Intervene and Motion to Stay Adjudication of Joint Motion for Entry of Consent Judgment filed by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 02/03/2026)

Feb. 3, 2026

Feb. 3, 2026

67

Reply to 61 Opposition to Proposed Student Intervenors' Motion for Leave to Proceed Using Pseudonyms filed by Alex Doe, Belinda Doe. (McElvain, Joel) (Entered: 02/03/2026)

Feb. 3, 2026

Feb. 3, 2026

68

Reply to 62 Memorandum in Opposition to Motion to Intervene filed by Virginia Students for Affordable Tuition. (Calderon, Ofelia) (Entered: 02/04/2026)

Feb. 4, 2026

Feb. 4, 2026

69

Consent MOTION to Withdraw as Attorney by The Dream Project. (Attachments: # 1 Proposed Order)(Gregg, Sophia) (Entered: 02/09/2026)

Feb. 9, 2026

Feb. 9, 2026

70

MOTION to Withdraw as Attorney by UNITED STATES OF AMERICA. (Perez, Elianis) (Entered: 02/09/2026)

Feb. 9, 2026

Feb. 9, 2026

71

ORDER - Having considered the MOTION TO WITHDRAW AS COUNSEL (ECF No. 70 ), and for good cause shown, it is hereby ORDERED that the MOTION TO WITHDRAW AS COUNSEL (ECF No. 70 ) is granted. It is further ORDERED that the Clerk shall remove Elianis N. Perez, Esquire as counsel of record for the plaintiff. It is so ORDERED. Signed by District Judge Robert E. Payne on 2/13/2026. (ewat, ) (Entered: 02/13/2026)

Feb. 13, 2026

Feb. 13, 2026

72

ORDER - Having considered the CONSENT MOTION TO WITHDRAW APPEARANCE (ECF No. 69 ), and there being no objection thereto, it is hereby ORDERED that the CONSENT MOTION TO WITHDRAW APPEARANCE (ECF No. 69 ) is granted. It is further ORDERED that the Clerk shall remove Sophia L. Gregg, Esquire and Eden B. Heilman, Esquire as counsel of record for the Intervenor-Defendant, The Dream Project. It is so ORDERED. Signed by District Judge Robert E. Payne on 2/13/2026. (ewat, ) (Entered: 02/13/2026)

Feb. 13, 2026

Feb. 13, 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 Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth of Virginia, State

Case Details

Causes of Action:

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Supremacy Clause

Other Dockets:

Eastern District of Virginia 3:25-cv-01067

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Public benefits (includes, e.g., in-state tuition, govt. jobs)