U.S. Sues Illinois Over In-State Tuition, Scholarships for Undocumented Immigrants

By Tiffany Williams –

untitleddesign_20250406_093647_00008167286565373354520 U.S. Sues Illinois Over In-State Tuition, Scholarships for Undocumented Immigrants

CHICAGO — The Department of Justice filed a lawsuit Tuesday against the State of Illinois, Gov. J.B. Pritzker, the state attorney general, and the boards of trustees of state universities, challenging Illinois laws that provide in-state tuition and scholarships to undocumented immigrants.

The federal government says the laws unconstitutionally discriminate against U.S. citizens, who are not granted the same reduced tuition rates or scholarships, and conflict with federal law. The lawsuit was filed in the Southern District of Illinois and seeks to prevent enforcement of the state policies.

The complaint alleges that Illinois requires colleges and universities to provide in-state tuition to all aliens who maintain Illinois residency, regardless of whether they are lawfully present in the United States. Federal law prohibits public institutions from granting benefits to undocumented immigrants that are not available to U.S. citizens.

“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Attorney General Pamela Bondi. “Illinois now joins the list of states where we are relentlessly fighting to vindicate federal law.”

U.S. Attorney Steven D. Weinhoeft said the 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.”

The lawsuit follows two executive orders signed by President Trump aimed at ensuring that undocumented immigrants do not receive taxpayer-funded benefits or preferential treatment. One order directs agencies to prevent taxpayer benefits for unqualified aliens, while another directs officials to stop enforcement of state laws favoring undocumented immigrants over U.S. citizens, including in-state higher education benefits.

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