DOJ Lawsuit Challenges Illinois Laws on In-State Tuition for Illegal Immigrants
The Justice Department has filed a lawsuit against Illinois, Governor JB Pritzker, and various public university systems challenging state laws that provide in-state tuition and financial aid to illegal immigrants while excluding the same benefits for U.S. citizens from other states. The lawsuit argues that these laws violate federal law and the Constitution's supremacy clause. The DOJ is seeking a permanent injunction to block enforcement of several laws that allow illegal immigrants to receive discounted tuition and state financial aid, creating an unequal treatment of U.S. citizens.
The lawsuit targets laws such as the 2003 "Acevedo Bill," the 2011 Illinois DREAM Act, the 2019 RISE Act, and an expansion law passed in 2020 that further expands tuition eligibility for illegal immigrants. These laws have enabled illegal immigrants to receive benefits that are not equally available to U.S. citizens from other states, leading to a disparity in tuition costs and financial aid. The DOJ's legal action aims to uphold federal law and prevent the incentivization of illegal immigration at the expense of taxpayers.
The complaint highlights the conflict between federal law and Illinois law, which allows unlawfully present aliens to qualify for reduced in-state tuition rates and other benefits based on residency within the state, while denying these benefits to U.S. citizens who do not meet Illinois residency requirements. The lawsuit names several colleges' boards of trustees, including Southern Illinois University and the University of Illinois, as defendants in the case.
The federal lawsuit adds to the ongoing legal battle between the Trump administration and Illinois over immigration enforcement and education policies. While some states have reversed similar policies following lawsuits, others, like Kentucky and Minnesota, continue to defend in-state tuition access for illegal immigrant students. Minnesota officials argue that their benefits are not solely based on residence but on factors like high school attendance and graduation within the state, raising concerns about federal overreach into state education policy.
Illinois has not yet responded in court, but its defense may mirror Minnesota's arguments, setting the stage for a significant legal confrontation over states' support for noncitizen students using taxpayer funds. The outcome of this lawsuit could have broader implications for how states navigate the intersection of federal and state laws regarding education benefits for illegal immigrants.