A federal judge delivered a decisive blow to Illinois Gov. JB Pritzker's immigration policies Friday, invalidating state laws that provided in-state tuition, financial aid and scholarships to illegal immigrants at taxpayer expense. The ruling marks another significant victory for the Trump administration's enforcement of federal immigration law.
U.S. District Judge Stephen McGlynn, serving in the Southern District of Illinois, sided with the Justice Department and declared Illinois' in-state tuition policies, the RISE Act and the Illinois DREAM Act "unconstitutional and invalid" as they apply to illegal immigrants. The decision permanently blocks Illinois from enforcing these laws, though McGlynn delayed implementation for 14 days to allow the state to seek intervention from an appeals court.
Taxpayers Over Illegal Aliens
U.S. Attorney Steven Weinhoeft didn't mince words about the state's priorities. "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 said. "This ruling enforces the statute Congress wrote and stops the State from putting illegal aliens ahead of American citizens."
The Justice Department filed the lawsuit against Illinois and several colleges in September 2025, arguing the state violated federal law by offering in-state tuition and financial aid to illegal immigrants without extending those same benefits to all U.S. citizens regardless of residency. McGlynn granted the federal government's motion for summary judgment and denied Illinois' motion to dismiss.
The ruling invalidates three key programs. Illinois' in-state tuition rules fell first. Then came the RISE Act, which provided state financial aid to students ineligible for federal assistance. Finally, the Illinois DREAM Act, which established scholarship opportunities for eligible students, was struck down.
Rep. Mary Miller, R-Ill., praised the decision on X. "This is a win for Illinois taxpayers and American students who were shut out while Pritzker prioritized foreigners in our country illegally," she wrote.
Nationwide Enforcement
The Justice Department has won or reached settlements in similar cases involving Texas, Kentucky, Oklahoma and Nebraska. Nebraska agreed to end in-state tuition benefits for illegal immigrants as part of a settlement. Lawsuits remain pending against Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland and Colorado.
In its lawsuit filed Thursday against Colorado, the Justice Department argued the state's ASSET Act and related policies unlawfully provide lower tuition rates and state financial aid to illegal immigrants while denying those same benefits to out-of-state U.S. citizens.
Associate Attorney General Stanley Woodward emphasized the administration's commitment to equal treatment under law. "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," he said. "By granting illegal aliens in-state tuition, Colorado is not only violating federal law but subsidizing education for illegal aliens at taxpayers' expense."
Woodward added a clear warning: "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."
State Pushback
Colorado Gov. Jared Polis' office defended the state's policies against federal oversight. 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." Fox News Digital reached out to Pritzker's office for comment.
Why This Matters:
This ruling addresses a fundamental question of fairness in public education funding. When states offer subsidized tuition to illegal immigrants while charging out-of-state American citizens full price, they create a two-tiered system that penalizes legal residency. The fiscal implications aren't trivial—taxpayers fund these state universities and have a legitimate interest in ensuring their dollars prioritize American citizens. The Justice Department's nationwide campaign signals that federalism doesn't permit states to nullify immigration law through financial incentives. With similar lawsuits pending in nine other states, the legal landscape for sanctuary-style education policies is shifting rapidly. States will need to choose between compliance with federal law or costly litigation they're increasingly losing.