Illinois Governor JB Pritzker encountered a significant legal setback when a federal judge overturned state laws offering in-state tuition, financial aid, and scholarships to illegal immigrants. This judgment aligns with the Trump administration’s broader immigration policies.
U.S. District Judge Stephen McGlynn, appointed by Trump and operating in the Southern District of Illinois, ruled these state policies unconstitutional concerning illegal immigrants. The decision halts Illinois from applying these laws, though implementation is delayed for 14 days to allow for an appeal.
U.S. Attorney Steven Weinhoeft expressed approval of the decision, stating, “Illinois aimed to encourage illegal immigration using taxpayer funds by granting illegal aliens superior treatment compared to U.S. citizens from other states, which violates federal law.” He emphasized that the ruling supports congressional statute, preventing preferential treatment for illegal aliens.
This development follows the Trump administration’s strategy to invalidate state laws providing higher education advantages to illegal immigrants. A similar lawsuit was lodged against Colorado a day prior.
Earlier, the Justice Department sued Illinois and certain colleges in 2025, claiming that offering education benefits to illegal immigrants without extending them to all U.S. citizens breaches federal law. Judge McGlynn approved the federal motion for summary judgment, rejecting Illinois’ request for dismissal.
The ruling nullifies Illinois’ in-state tuition policies, including the RISE Act, which accesses state financial aid for students ineligible for federal aid, and the Illinois DREAM Act, which establishes scholarships for eligible students.
Rep. Mary Miller, R-Ill., acknowledged the decision as a triumph: “This is a win for Illinois taxpayers and American students overlooked while Pritzker prioritized foreigners residing illegally.”
The Department of Justice has reached victories or settlements in similar cases involving Texas, Kentucky, Oklahoma, and Nebraska, with Nebraska ceasing in-state tuition benefits for illegal immigrants in agreement. Lawsuits against other states, including Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and recently Colorado, are yet unresolved.
In its recent lawsuit against Colorado, the Justice Department asserted that the state’s policies unlawfully provide lower tuition and financial aid to illegal immigrants, denying these to out-of-state U.S. citizens.
Associate Attorney General Stanley Woodward stated, “Congress has consistently stated that Colorado cannot grant education benefits to illegal aliens that are not available to all American citizens.” The litigation seeks to uphold citizens’ rights.
Colorado Governor Jared Polis defended the state’s tuition policies, criticizing federal oversight. Polis’ spokesperson remarked, “Federal assumption of control over in-state tuition settings nationwide is unreasonable.”
Pritzker’s office was contacted for a response, but no comment was available at publication.
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