The U.S. Department of Justice’s Civil Division and the U.S. Attorney for the Southern District of Illinois have filed a federal lawsuit against the state of Illinois, challenging its policies that provide financial support to undocumented immigrants attending public colleges and universities.
“Illinois has an apparent desire to win a ‘race to the bottom’ as the country’s leading sanctuary state. It’s misguided approach mandating in-state tuition, scholarships, and financial aid to illegal aliens plainly violates federal law,” said U.S. Attorney Steven D. Weinhoeft. “This policy treats illegal aliens better than U.S. citizens living in other states and incentivizes even more illegal immigration, all on the taxpayer’s dime. Illinois citizens deserve better.”
Federal law prohibits states from granting postsecondary education benefits such as in-state tuition or state financial aid to undocumented immigrants unless those same benefits are offered to all U.S. citizens regardless of their residency status.
Illinois law currently classifies certain undocumented immigrants as “residents” for purposes of tuition and requires public colleges to offer them reduced rates and access to other forms of financial assistance not available to out-of-state U.S. citizens.
Additionally, under the Retention of Illinois Students and Equity (RISE) Act—signed into law on June 21, 2019—the state provides taxpayer-funded scholarships through programs administered specifically for noncitizens who cannot access federal student aid due to their immigration status. The alternative application process for these scholarships is not open to U.S. citizens residing outside Illinois.
The complaint alleges that this system gives preferential treatment to undocumented immigrants over out-of-state U.S. citizens, which is prohibited by federal law.
