Illinois Governor JB Pritzker experienced a significant legal setback when a federal judge struck down key state laws offering in-state tuition, financial aid, and scholarships to illegal immigrants. This decision aligns with the Trump administration’s immigration policies.
U.S. District Judge Stephen McGlynn, appointed by Trump and serving in the Southern District of Illinois, sided with the Justice Department. He ruled that Illinois’ in-state tuition policies, along with the RISE Act and the Illinois DREAM Act, are “unconstitutional and invalid” concerning illegal immigrants.
The ruling permanently prevents Illinois from enforcing these laws. However, McGlynn delayed its implementation for 14 days, allowing the state time to appeal.
U.S. Attorney Steven Weinhoeft praised the ruling. He stated that Illinois aimed to encourage illegal immigration at taxpayers’ expense by providing better treatment to illegal aliens than U.S. citizens from other states, which violates federal law. This decision upholds the statute written by Congress, preventing the state from putting illegal aliens before American citizens.
This decision is part of the Trump administration’s broader efforts against state laws that extend higher education benefits to illegal immigrants. It follows a similar lawsuit filed by the Justice Department against Colorado.
The Justice Department filed a lawsuit against Illinois and several colleges in September 2025. The lawsuit argued that Illinois breached federal law by offering in-state tuition and financial aid to illegal immigrants without making these benefits available to all U.S. citizens.
Judge McGlynn granted the federal government’s motion for summary judgment, denying Illinois’ motion to dismiss.
The ruling voids Illinois’ in-state tuition rules, the RISE Act, which provides state financial aid to students ineligible for federal aid, and the Illinois DREAM Act, which offers scholarships to eligible students.
Rep. Mary Miller, R-Ill., expressed approval of the decision, saying it benefits Illinois taxpayers and American students.
The Justice Department has either won or settled similar cases in Texas, Kentucky, Oklahoma, and Nebraska, with Nebraska agreeing to end in-state tuition benefits for illegal immigrants.
Pending lawsuits involve Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado.
In its lawsuit against Colorado, filed a day before the Illinois ruling, the Justice Department asserted the state’s ASSET Act unlawfully provides lower tuition rates and state aid to illegal immigrants while excluding out-of-state U.S. citizens from these benefits.
Associate Attorney General Stanley Woodward stated that for three decades, Congress has prohibited providing education benefits to illegal aliens that aren’t afforded to all American citizens. He emphasized that by offering in-state tuition to illegal aliens, Colorado violates federal law and subsidizes education at taxpayers’ expense.
Colorado Governor Jared Polis’ office defended the state’s policies, calling federal control over in-state tuition absurd.
Fox News Digital reached out to Governor Pritzker’s office for comments but received no immediate response.