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7h ago

Justice Department Sues Illinois Over In-State Tuition and Aid for Undocumented Students

The case tests the administration’s Supremacy Clause claim under 8 U.S.C. §1623 against a Democratic state’s tuition‑equity laws.

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Overview

  • The DOJ filed a complaint in the Southern District of Illinois against the state, Gov. J.B. Pritzker, Attorney General Kwame Raoul, and multiple public university boards to block tuition and financial aid for students without lawful status.
  • Federal lawyers cite 8 U.S.C. §1623 and the Supremacy Clause, arguing Illinois grants benefits not available to out‑of‑state U.S. citizens, and they seek a permanent injunction.
  • Targeted measures include the 2003 Acevedo Bill, the 2011 Illinois DREAM Act, the 2019 RISE Act, and a 2024 expansion set to widen eligibility beginning in 2026.
  • A spokesperson for Pritzker criticized the lawsuit and said Illinois policies comply with federal law, and the attorney general’s office said it is reviewing the case.
  • The action extends a broader federal campaign that secured changes in Texas and Oklahoma and spawned suits in Kentucky and Minnesota, with advocates noting nearly 27,000 Illinois students in higher education could face higher costs if aid ends.