A federal judge in the US struck down Illinois laws that gave illegal immigrants access to in-state tuition, financial aid and scholarships, finding them unconstitutional. District Judge Stephen McGlynn, appointed by the Trump administration, ruled that Illinois' RISE Act and Illinois DREAM Act as applied to illegal immigrants were "unconstitutional and void."
McGlynn delayed the ruling from taking effect for 14 days to allow for an appeal, while permanently blocking the state from enforcing the laws in question. The Justice Department had argued in its lawsuit filed against Illinois and several colleges in September 2025 that the state violated federal law by offering these benefits to illegal immigrants without providing the same aid to all US citizens.
Justice Department pleased with ruling
US Attorney Steven Weinhoeft welcomed the court decision. Weinhoeft said, "Illinois clearly violated federal law by trying to encourage illegal immigration on the backs of taxpayers and treating illegal aliens better than US citizens living in other states." He added, "This ruling enforces the law as written by Congress and stops the state from putting illegal aliens ahead of American citizens."
Illinois Representative Mary Miller described the ruling as "a victory for Illinois taxpayers and American students who were sidelined while Pritzker prioritized aliens illegally present in our country."
Nationwide lawsuits continue
The Trump administration has notched a series of victories in its legal battle targeting higher education benefits for illegal immigrants. While settlements were reached or cases won with Texas, Kentucky, Oklahoma and Nebraska, Nebraska ended its in-state tuition benefits for illegal immigrants. Similar lawsuits are ongoing in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland and Colorado.
The Justice Department filed a similar lawsuit against Colorado one day before the Illinois ruling. The complaint alleged that the state's ASSET Act provides lower tuition and financial aid to illegal immigrants without offering the same benefits to out-of-state US citizens.
Assistant Attorney General Stanley Woodward stated, "Our litigation efforts will not stop until we deliver on President Trump's promise that illegal aliens will not be preferred over our own citizens."
Colorado Governor Jared Polis' office defended state policies, calling the federal government's attempt to seize authority over setting in-state tuition rates "absurd." Meanwhile, no statement has yet come from Illinois Governor JB Pritzker's office regarding the matter.
