Judge Opposes In-State Tuition for Illinois Noncitizens

A federal judge sided with the Department of Justice on Friday against an Illinois law that allows eligible undocumented students to pay in-state tuition.

The judge, David W. Dugan, a Trump appointee, also ruled against the Retention of Illinois Students & Equity (RISE) Act, which permits state financial aid for some undocumented students, and the Illinois DREAM Act, which makes scholarships, college savings and prepaid tuition programs available to undocumented students who attended high school in the state.

“Illinois sought to incentivize illegal immigration on the taxpayer’s dime by treating illegal aliens better than U.S. citizens living in other states, in clear violation of federal law,” U.S. Attorney Steven D. Weinhoeft said in a news release from the Justice Department. “This ruling enforces the statute Congress wrote and stops the State from putting illegal aliens ahead of American citizens.”

Dugan deemed all three policies “unconstitutional and invalid” and enjoined the state from enforcing any of them. The state has 14 days to decide whether to appeal, and during that period, the injunction does not take effect.

A spokesperson for Governor JB Pritzker’s office said in a statement to Fox News that the state “will remain dedicated to expanding college access, affordability, and opportunity for students, including DACA recipients, in our state—regardless of their skin color or where they were born.

“This lawsuit represents another example of the Trump Administration’s constant bigotry and targeted cruelty towards the hardworking immigrant students and families that strengthen America’s workforce and economy,” the statement read. “We are carefully reviewing the court’s ruling and evaluating all options, but this effort by the Trump Administration will not stop our commitment to help all of our young students achieve their potential.”