In a decisive ruling, a federal judge declared Illinois' in‑state tuition policies and related immigration‑focused education laws unconstitutional for illegal immigrants. The decision removes the state’s authority to grant tuition benefits, state financial aid, and scholarship programs to individuals without legal status.
Judge Stephen McGlynn, appointed by a former president, sided with the Justice Department in a case that challenged the state’s RISE Act and Illinois DREAM Act. The ruling states that the provisions violate federal statutes that require equal treatment of all U.S. citizens regardless of residency.
The order bars Illinois from enforcing the disputed laws indefinitely, though it will not take effect for 14 days to allow the state to seek appellate review. This delay provides a brief window for potential legal challenges.
A Justice Department attorney praised the outcome, arguing that the state had used taxpayer funds to favor illegal immigrants over citizens. The statement emphasized the enforcement of federal law over state incentives.
The case follows a September lawsuit that alleged Illinois offered in‑state tuition and financial aid to illegal immigrants while denying those benefits to all U.S. citizens. The federal government secured a summary judgment, rejecting the state’s motion to dismiss.
The invalidated statutes included the RISE Act, which extended state financial aid to students ineligible for federal assistance, and the Illinois DREAM Act, which created scholarships for qualifying immigrants.
State representatives highlighted the decision as a victory for taxpayers and American students who were previously excluded. The statement criticized the administration for prioritizing foreign residents over lawful citizens.
Similar legal actions have been pursued in other states, including Texas, Kentucky, Oklahoma, Nebraska, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado. In Nebraska, a settlement ended in‑state tuition benefits for illegal immigrants.
The Justice Department also filed a lawsuit against Colorado, arguing that its ASSET Act unlawfully provides lower tuition rates and state aid to illegal immigrants while denying the same benefits to out‑of‑state U.S. citizens.
Colorado officials defended the policies, asserting that expanding educational access equips students for well‑paid jobs and promotes cost savings. The state maintains that its measures serve the broader public interest.
