A federal judge has ruled that Illinois laws providing in-state tuition, financial aid, and scholarships to undocumented immigrants are unconstitutional, marking another success for the Trump administration's immigration agenda.
U.S. District Judge Stephen McGlynn, a Trump appointee, sided with the Justice Department, declaring the Illinois DREAM Act and the RISE Act invalid as applied to undocumented immigrants. The ruling permanently blocks the state from enforcing these provisions, though it includes a 14-day delay to allow for potential appeals.
The Justice Department had sued Illinois in September 2025, arguing that the state violated federal law by offering these educational benefits to undocumented immigrants without extending them to all U.S. citizens, regardless of their state of residence. McGlynn granted the federal government's motion for summary judgment.
U.S. Attorney Steven Weinhoeft stated that Illinois was attempting to incentivize illegal immigration using taxpayer funds and treating undocumented individuals better than U.S. citizens in other states, which he asserted violates federal law. Republican U.S. Representative Mary Miller of Illinois praised the decision as a win for Illinois taxpayers and American students.
This ruling follows similar actions by the Justice Department against other states. The department has secured wins or settlements in cases involving Texas, Kentucky, Oklahoma, and Nebraska, with Nebraska agreeing to end in-state tuition benefits for undocumented immigrants. Lawsuits are ongoing against several other states, including Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, and Maryland.
In a related development, the Justice Department filed a similar lawsuit against Colorado on Thursday. The lawsuit challenges the state's ASSET Act and related policies, which the department claims unlawfully provide lower tuition rates and state financial aid to undocumented immigrants while denying these benefits to out-of-state U.S. citizens. Associate Attorney General Stanley Woodward stated that Colorado's actions violate federal law and subsidize education for undocumented immigrants at taxpayer expense.
Colorado Governor Jared Polis' office defended the state's policies, calling federal intervention in tuition determination "absurd" and emphasizing Colorado's commitment to expanding educational access to help students secure well-paying jobs and save money.
