A federal judge has invalidated Illinois' landmark tuition assistance programs for undocumented immigrants, handing the Trump administration another significant legal victory in its broad challenge to state-level immigrant protections.
U.S. District Judge Stephen McGlynn, a Trump appointee in the Southern District of Illinois, ruled Friday that the state's RISE Act and Illinois DREAM Act violate federal law by offering in-state tuition rates and financial aid to undocumented students without extending identical benefits to all U.S. citizens regardless of residency. The permanent injunction takes effect in 14 days unless an appeals court intervenes.
The ruling eliminates pathways to affordable higher education for more than 6,000 students currently enrolled under these programs. McGlynn's decision granted the Justice Department's summary judgment motion filed in September 2025, foreclosing the state's arguments before trial.
U.S. Attorney Steven Weinhoeft framed the outcome in zero-sum terms: "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."
The Justice Department has already secured victories or settlements in Texas, Kentucky, Oklahoma and Nebraska. The department filed suit Thursday against Colorado on similar grounds. Additional lawsuits remain pending in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland and others.
Associate Attorney General Stanley Woodward stated the litigation "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."
The legal theory rests on a 1996 federal statute, which the Justice Department argues prohibits states from providing education benefits to undocumented immigrants that they do not provide to all U.S. citizens. Constitutional scholars have debated whether states retain residency-determination authority for tuition purposes separate from immigration status.
Illinois Gov. JB Pritzker's office has not issued a substantive response to the ruling. A previous statement from Colorado Gov. Jared Polis' office stated: "The federal government seizing control of determining in-state tuition across the country is absurd. 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., called the decision "a win for Illinois taxpayers and American students who were shut out while Pritzker prioritized foreigners in our country illegally."
For the roughly 6,000 undocumented students currently receiving tuition assistance in Illinois, the practical impact is immediate. Many will face dramatically higher tuition bills mid-program. Out-of-state students of any immigration status will gain access to the in-state rates previously reserved for Illinois residents.
The question now is whether Illinois will appeal. The breadth of federal litigation—covering nine additional states with pending cases—suggests this will not be resolved quickly through individual state litigation. A circuit court decision could establish precedent affecting multiple cases simultaneously.
