Thousands of immigrant students in Illinois lost access to in-state tuition and financial aid Friday after a federal judge struck down state laws that provided educational opportunities regardless of immigration status. U.S. District Judge Stephen McGlynn, a Trump appointee, ruled that Illinois' scholarship and tuition policies violate federal law, delivering a victory to the Justice Department's nationwide campaign against state-level education programs.
The decision permanently blocks Illinois from enforcing the RISE Act and the Illinois DREAM Act, both designed to expand college access to students who don't qualify for federal aid. McGlynn delayed implementation for 14 days to allow Illinois to seek an emergency appeal. The ruling affects students who've built their academic futures around the promise of affordable higher education, many of whom have lived in Illinois since childhood and graduated from state high schools.
The Human Cost
Illinois' programs allowed students to pay in-state tuition rates rather than the significantly higher out-of-state fees that can triple college costs. The RISE Act provided state financial aid to students ineligible for federal assistance, while the Illinois DREAM Act created scholarship opportunities for qualifying students. These programs didn't create new benefits—they simply extended existing state resources to residents who'd completed their K-12 education in Illinois schools.
U.S. Attorney Steven Weinhoeft defended the ruling by claiming 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." He added that the decision "stops the State from putting illegal aliens ahead of American citizens."
Gov. JB Pritzker's administration hasn't yet responded to requests for comment on how the state will handle students currently enrolled under these programs or those who'd planned to attend college this fall.
A Nationwide Pattern
The Justice Department filed its lawsuit against Illinois and several colleges in September 2025, arguing the state violated federal law by offering tuition and aid benefits without making them available to all U.S. citizens regardless of residence. Judge McGlynn granted the federal government's motion for summary judgment and denied Illinois' attempt to dismiss the case.
This marks the latest success in the Trump administration's coordinated legal assault on state education policies. The Justice Department has won or reached settlements in similar cases against Texas, Kentucky, Oklahoma and Nebraska, with Nebraska agreeing to end in-state tuition benefits for immigrant students as part of a settlement. Lawsuits remain pending against Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland and Colorado.
The Justice Department filed suit against Colorado on Thursday, targeting the state's ASSET Act and related policies that provide lower tuition rates and state financial aid to immigrant students. Associate Attorney General Stanley Woodward said, "For three decades, Congress has made clear that Colorado cannot give education benefits to illegal aliens that it does not give to all American citizens. By granting illegal aliens in-state tuition, Colorado is not only violating federal law but subsidizing education for illegal aliens at taxpayers' expense."
States Push Back
Colorado Gov. Jared Polis' office defended the state's approach to determining residency for tuition purposes. A Polis spokesperson said, "The federal government seizing control of determining in-state tuition across the country is absurd. In Colorado, we are expanding access to education to provide students with the skills to get good-paying jobs and doubling down on strategies to save students money."
Rep. Mary Miller, R-Ill., praised McGlynn's decision on X, writing, "This is a win for Illinois taxpayers and American students who were shut out while Pritzker prioritized foreigners in our country illegally."
Woodward made clear the administration won't stop its litigation campaign, stating, "Our litigation efforts will not cease until we have fulfilled President Trump's promise that illegal aliens will not obtain preferential treatment over our nation's own citizens."
Why This Matters:
The ruling creates immediate uncertainty for students who've worked toward college degrees with the understanding they'd receive state support. Many affected students have lived in Illinois for years, attended public schools funded by their families' taxes, and contributed to their communities. Cutting off access to affordable higher education doesn't just harm individual students—it reduces the state's educated workforce at a time when Illinois needs skilled workers across healthcare, education, technology and other critical sectors. The decision also raises fundamental questions about state authority to determine residency requirements and allocate state resources. As similar lawsuits advance nationwide, millions of students face the prospect of unaffordable tuition bills or abandoned educational plans, potentially deepening economic inequality and limiting social mobility for an entire generation of young people who grew up as Americans in everything but legal status.