DOJ sues Illinois for law on tuition for undocumented students
WASHINGTON — The U.S. Department of Justice has filed a lawsuit challenging Illinois laws that allow undocumented students to pay in-state tuition and receive state-funded scholarships.
The complaint was filed Tuesday in the Southern District of Illinois. According to the DOJ, the law unconstitutionally discriminates against U.S. citizens from outside Illinois who do not receive the same benefits.
Federal officials say the laws conflict with federal statutes that bar states from providing education benefits to undocumented immigrants unless those benefits are also available to all U.S. citizens.
“Illinois has an apparent desire to win a ‘race to the bottom’ as the country’s leading sanctuary state,” said U.S. Attorney Steven D. Weinhoeft for the Southern District of Illinois. “This policy treats illegal aliens better than U.S. citizens living in other states and incentivizes even more illegal immigration, all on the taxpayer’s dime.”
Attorney General Pamela Bondi said the Justice Department has brought multiple lawsuits to ensure American students are not “treated like second-class citizens” saying that Illinois now joins the list of states where they are fighting to resolve issues like these.
The challenge follows executive orders signed by President Donald Trump aimed at preventing undocumented immigrants from receiving taxpayer-funded benefits.
Supporters of the Illinois laws, including Gov. J.B. Pritzker, argue that students who grew up in the state and graduated from Illinois schools should have the same education access as their peers.
Rulings on this case could shape how federal law interacts with states' higher education policies moving forward.
