Illinois Governor JB Pritzker faced a significant legal setback on Friday when a federal judge invalidated key state laws that provided in-state tuition, financial aid, and scholarships to undocumented immigrants. This decision aligns with the Trump administration’s broader immigration policy goals.
US District Judge Stephen McGlynn, appointed by Trump and serving in the Southern District of Illinois, ruled in favor of the Justice Department. He declared that Illinois’ in-state tuition policies, along with the RISE Act and the Illinois DREAM Act, were “unconstitutional and invalid” concerning undocumented immigrants.
The judgment permanently prohibits Illinois from implementing these laws, though McGlynn has delayed its enforcement by 14 days to allow the state to file an appeal.
US Attorney Steven Weinhoeft expressed approval of the decision.
“Illinois aimed to encourage illegal immigration at the taxpayer’s expense by offering better treatment to undocumented immigrants than US citizens from other states, clearly violating federal law,” Weinhoeft stated. “This decision upholds the statute set by Congress and prevents the state from prioritizing undocumented immigrants over American citizens.”
This ruling marks the latest triumph for the Trump administration’s efforts to dismantle state laws that extend higher education benefits to undocumented immigrants. It follows a similar lawsuit filed by the Justice Department against Colorado just a day earlier.
The Justice Department initiated legal action against Illinois and several colleges in September 2025, arguing that the state’s policies violated federal law by offering in-state tuition and financial aid to undocumented immigrants without extending the same benefits to all US citizens, regardless of residency.
McGlynn granted the federal government’s request for summary judgment and rejected Illinois’ motion to dismiss the case.
The decision nullifies Illinois’ in-state tuition provisions, the RISE Act—which offers state financial aid to students ineligible for federal assistance—and the Illinois DREAM Act, which created scholarships for eligible students.
Rep. Mary Miller, R-Ill., commended the decision on X.
“This is a victory for Illinois taxpayers and American students who were overlooked while Pritzker favored undocumented immigrants,” Miller wrote.
The Justice Department has secured victories or settlements in similar cases against Texas, Kentucky, Oklahoma, and Nebraska, with Nebraska agreeing to end in-state tuition benefits for undocumented immigrants as part of a settlement. Lawsuits are still pending against Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado.
In its lawsuit filed against Colorado on Thursday, the Justice Department argued that the state’s ASSET Act and related policies unlawfully offered lower tuition rates and state financial aid to undocumented immigrants while denying those benefits to out-of-state US citizens.
“For three decades, Congress has made it clear that Colorado cannot grant education benefits to undocumented immigrants that it does not provide to all American citizens,” Associate Attorney General Stanley Woodward said. “By granting in-state tuition to undocumented immigrants, Colorado is not only violating federal law but also subsidizing their education at taxpayers’ expense.”
“Our legal efforts will persist until we fulfill President Trump’s promise that undocumented immigrants will not receive preferential treatment over our country’s citizens.”
Colorado Governor Jared Polis’ office defended the state’s policies.
“The federal government’s control over determining in-state tuition nationwide is absurd,” a spokesperson for Polis stated to Fox News Digital. “In Colorado, we are enhancing access to education to equip students with skills for well-paying jobs and are committed to strategies that save students money.”
Fox News Digital has reached out to Pritzker’s office for comment.
