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

Federal prosecutors say the state’s tuition-equity measures clash with a 1996 law that limits residency-based college benefits for those without legal status.

Overview

  • The DOJ filed its complaint Tuesday in the Southern District of Illinois, naming the state, Gov. J.B. Pritzker, Attorney General Kwame Raoul, and multiple public university boards, and seeks to halt enforcement of the laws.
  • The suit argues Illinois statutes violate 8 U.S.C. §1623 and the Constitution’s Supremacy Clause by offering in-state rates and state financial aid to students not lawfully present on terms not available to all U.S. citizens.
  • Targeted measures include the 2003 in-state tuition law, the Illinois DREAM Act, the RISE Act, and a 2026 expansion of eligibility, with the department asking for a permanent injunction.
  • Illinois officials reject the claims as inconsistent with the facts, defend the policies as lawful and residency-neutral, and university systems say they are reviewing the complaint.
  • The case is part of a broader federal campaign that ended similar policies in Texas and Oklahoma, with litigation ongoing in Kentucky and Minnesota, and could affect an estimated 27,600 Illinois students facing large in‑state versus out‑of‑state cost gaps such as $12,066 vs $24,132 at Illinois State University.