The Justice Department Files Complaint Challenging Illinois Laws Providing In-State Tuition and Scholarships for Illegal Aliens
Tuesday, September 2, 2025 - The United States is challenging Illinois laws providing in-state tuition and scholarships for illegal aliens. These laws unconstitutionally discriminate against U.S. citizens, who are not afforded the same reduced tuition rates or scholarships, in direct conflict with federal law. On Tuesday, Sept. 2, the Department of Justice filed a complaint in the Southern District of Illinois against the State of Illinois, Governor Pritzker, the State Attorney General, and the boards of trustees of state universities in Illinois seeking to enjoin the State from enforcing the Illinois laws and bring them into compliance with federal requirements.
In the complaint, the United States seeks to enjoin enforcement of Illinois laws that requires colleges and universities to provide in-state tuition rates for all aliens who maintain Illinois residency, regardless of whether those aliens are lawfully present in the United States. Federal law prohibits institutions of higher education from providing benefits to aliens that are not offered to U.S. citizens. The Illinois laws blatantly conflict with federal law and are thus in conflict with the Supremacy Clause of the U.S. Constitution.
“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Attorney General Pamela Bondi. “This Department of Justice has already filed multiple lawsuits to prevent U.S. students from being treated like second-class citizens — Illinois now joins the list of states where we are relentlessly fighting to vindicate federal law.”
“Illinois has an apparent desire to win a ‘race to the bottom’ as the country’s leading sanctuary state. Its misguided approach mandating in-state tuition, scholarships, and financial aid to illegal aliens plainly violates federal law,” 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. Illinois citizens deserve better.”
This lawsuit follows two executive orders signed by President Trump that seek to ensure illegal aliens are not obtaining taxpayer benefits or preferential treatment. The first, “Ending Taxpayer Subsidization of Open Borders” orders all agencies to “ensure, to the maximum extent permitted by law, that no taxpayer-funded benefits go to unqualified aliens.” The second, “Protecting American Communities From Criminal Aliens,” directs relevant officials to “take appropriate action to stop the enforcement of State and local laws, regulations, policies, and practices favoring aliens over any groups of American citizens that are unlawful, preempted by Federal law, or otherwise unenforceable, including State laws that provide in-State higher education tuition to aliens but not to out-of-State American citizens.”
U.S. Department of Justice
Office of Public Affairs
Source: Justice.gov
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