Federal Judge Strikes Down Illinois Tuition Benefits For Illegal Immigrants
A federal judge has ruled that Illinois policies granting certain illegal immigrants in-state tuition and state-funded financial aid violate federal law, delivering another legal victory for President Donald Trump’s immigration agenda.
U.S. District Judge David W. Dugan invalidated Illinois’ tuition policy and the Retention of Illinois Students & Equity Act, commonly known as the RISE Act.
The Justice Department challenged the programs, arguing that Illinois unlawfully provided education benefits to illegal immigrants that were unavailable to many American citizens living outside the state.
Federal law generally prohibits states from granting postsecondary education benefits to illegal immigrants based on residency unless the same benefits are available to every U.S. citizen, regardless of residence.
Illinois allowed qualifying illegal immigrant students to pay reduced in-state tuition while American citizens from neighboring states were required to pay higher out-of-state rates.
Under the RISE Act, students could qualify for state financial assistance after attending an Illinois school for at least three years, graduating from an Illinois high school and promising to seek lawful permanent residence when eligible.
Judge Dugan agreed with the federal government that those requirements did not overcome the conflict with federal law.
The lawsuit named Democratic Gov. JB Pritzker, Attorney General Kwame Raoul and officials representing several public colleges and universities, including the University of Illinois, Southern Illinois University, Chicago State University and Illinois State University.
U.S. Attorney Steven D. Weinhoeft praised the decision.
“Illinois sought to incentivize illegal immigration on the taxpayer’s dime by treating illegal aliens better than U.S. citizens living in other states, in clear violation of federal law,” Weinhoeft said in a statement.
“This ruling enforces the statute Congress wrote and stops the State from putting illegal aliens ahead of American citizens.”
Supporters of the Illinois programs argued that they helped students who had lived and attended school in the state for years continue their education regardless of immigration status.
Opponents maintained that states cannot disregard federal immigration law or place illegal immigrants in a more favorable position than American citizens.
Neither Pritzker nor Raoul immediately indicated whether Illinois would appeal. Any challenge would likely proceed to the U.S. Court of Appeals for the Seventh Circuit.
Unless a higher court blocks the decision, Illinois cannot continue enforcing the tuition and financial aid provisions struck down by Dugan.
The ruling could also affect the broader national debate because several states maintain similar programs offering in-state tuition or taxpayer-funded financial assistance to illegal immigrants.
President Trump’s administration has increasingly challenged state policies that conflict with federal immigration law, arguing that taxpayer-funded benefits should prioritize American citizens and lawful residents.