Illinois Judge Blocks Tuition Laws for Undocumented Immigrants

Illinois Governor JB Pritzker faced a significant legal setback when a federal judge invalidated key state laws that provided in-state tuition, financial aid, and scholarships to undocumented immigrants. This decision aligns with the Trump administration’s broader immigration policy goals.

U.S. District Judge Stephen McGlynn, appointed by President Trump and serving in the Southern District of Illinois, ruled against Illinois’ tuition policies, stating that the RISE Act and the Illinois DREAM Act are unconstitutional and invalid for undocumented immigrants. He has suspended the enforcement of these laws but delayed the order for 14 days, allowing the state to appeal the decision.

This ruling supports the statute set by Congress and prevents the state from prioritizing undocumented immigrants over American citizens, U.S. Attorney Steven Weinhoeft remarked.

The ruling is part of the Trump administration’s efforts to challenge state laws offering higher education benefits to undocumented immigrants. Recently, the Justice Department initiated a similar lawsuit against Colorado.

Last September, the Justice Department sued both Illinois and various colleges, asserting that offering in-state tuition and financial aid to undocumented immigrants violated federal law, as these benefits were not extended to all U.S. citizens.

Judge McGlynn approved the federal government’s request for summary judgment and rejected Illinois’ motion to dismiss. The invalidated laws include the RISE Act, which allowed state financial aid for certain students ineligible for federal aid, and the Illinois DREAM Act, offering scholarships for qualified students.

Rep. Mary Miller praised the judge’s decision, highlighting it as a victory for taxpayers and American students, who, she argued, were disadvantaged by prioritizations for undocumented immigrants.

The Justice Department has settled or won similar cases in Texas, Kentucky, Oklahoma, and Nebraska. Nebraska has agreed to terminate in-state tuition benefits for undocumented immigrants. Ongoing lawsuits involve states like Minnesota, Virginia, California, and now Colorado.

In its lawsuit against Colorado, filed recently, the Justice Department contends that the state’s ASSET Act improperly grants educational benefits to undocumented immigrants without offering the same to out-of-state U.S. citizens.

Colorado is violating federal law by offering in-state tuition to undocumented immigrants, thus subsidizing their education at taxpayers’ expense, stated Associate Attorney General Stanley Woodward.

Colorado Governor Jared Polis defended the state’s stance, arguing that expanding educational access is crucial for students to secure well-paying jobs, and criticized the federal government for interceding in state tuition determinations.