The U.S. Department of Justice’s Civil Division and the U.S. Attorney for the Southern District of Illinois have filed a federal lawsuit against Illinois, challenging state policies that provide financial aid and in-state tuition to individuals who are not lawfully present in the United States but do not extend similar benefits to non-resident U.S. citizens.
“Illinois has an apparent desire to win a ‘race to the bottom’ as the country’s leading sanctuary state. It’s misguided approach mandating in-state tuition, scholarships, and financial aid to illegal aliens plainly violates federal law,” said U.S. Attorney Steven D. Weinhoeft. “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.”
Federal regulations prevent states from offering postsecondary education benefits such as in-state tuition or state-funded financial aid to individuals without lawful status unless those same benefits are provided equally to all U.S. citizens, regardless of their residency.
Illinois law currently classifies certain undocumented immigrants as “residents” for purposes of public college admissions, granting them access to reduced tuition rates and other educational financial support not available to out-of-state U.S. citizens.
Additionally, through programs under the Retention of Illinois Students and Equity (RISE) Act—signed into law on June 21, 2019—Illinois offers scholarships funded by taxpayers specifically for undocumented students who cannot receive federal aid due to their immigration status. These scholarships are accessed via an alternative application process limited to noncitizens, while comparable support is unavailable for U.S. citizens residing outside Illinois.
The complaint argues that these practices favor individuals not lawfully present over out-of-state American citizens, which is prohibited by federal statutes governing educational benefits.
