Federal Judge Invalidates Illinois In-State Tuition Laws for Illegal Immigrants
Illinois Governor JB Pritzker faced a significant legal setback on Friday. A federal judge invalidated key state laws that offered in-state tuition, financial aid, and scholarships to illegal immigrants. This marks another achievement for the Trump administration’s immigration policy.
U.S. District Judge Stephen McGlynn, appointed by Trump and serving in the Southern District of Illinois, ruled that the state’s policies, including the RISE Act and the Illinois DREAM Act, are unconstitutional when applied to illegal immigrants. This ruling halts Illinois from enforcing these laws, although the order’s effect is delayed by 14 days to allow for an appeal.
U.S. Attorney Steven Weinhoeft expressed approval over the decision. He highlighted that Illinois was incentivizing illegal immigration at the expense of taxpayers by giving illegal immigrants benefits not available to U.S. citizens from other states, violating federal law.
This decision is a recent triumph for the Trump administration’s efforts to repeal state laws that extend higher education benefits to illegal immigrants. It follows just a day after the Justice Department launched a similar lawsuit against Colorado.
The Justice Department initiated legal action against Illinois and several colleges in September 2025. The argument was that Illinois contravened federal law by providing in-state tuition and financial aid to illegal immigrants without extending the same to all U.S. citizens, regardless of residence.
Judge McGlynn granted summary judgment to the federal government and denied Illinois’ motion to dismiss. This judgment nullifies Illinois’ in-state tuition policies, the RISE Act allowing state financial aid access to certain students, and the Illinois DREAM Act, which set up scholarship options for qualifying students.
Representative Mary Miller, from the Republican party in Illinois, expressed support for the ruling. She stated it benefits Illinois taxpayers and prioritizes American students.
The Justice Department has also secured victories or settlements in related cases in Texas, Kentucky, Oklahoma, and Nebraska. Nebraska agreed to stop offering in-state tuition to illegal immigrants as part of a settlement. Lawsuits are still pending in states like Minnesota, Virginia, and California.
On Thursday, the Justice Department filed a lawsuit against Colorado. It argued that Colorado’s ASSET Act and related policies unlawfully granted preferential tuition rates and state financial aid to illegal immigrants.
Associate Attorney General Stanley Woodward emphasized that for 30 years, Congress has been clear about not extending education benefits to illegal aliens at the expense of American citizens. He argued Colorado was violating federal law by subsidizing illegal immigrants’ education with taxpayers’ money.
Despite the legal challenges, Colorado’s Governor Jared Polis defended the state’s policies. He criticized federal intervention as unreasonable and emphasized the state’s commitment to affordable education.
Fox News Digital reached out for comments from Governor Pritzker’s office. Elaine Mallon, writing for Fox News Digital, provided this coverage on national politics and Fox Business.