DOJ challenges Illinois law providing in-state tuition to undocumented students

The Department of Justice filed a lawsuit against Illinois on Tuesday for providing in-state tuition and scholarships to immigrant students without permanent legal status.

The complaint, filed in the Southern District of Illinois, alleges the state is in violation of federal law for allowing these benefits to go to undocumented students but not all U.S. citizens. 

“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Attorney General Pam Bondi. “This Department of Justice has already filed multiple lawsuits to prevent U.S. students from being treated like second-class citizens — Illinois now joins the list of states where we are relentlessly fighting to vindicate federal law.” 

The Hill has reached out to Illinois’s attorney general for comment.

Current law allows all Illinois students regardless of legal status to receive in-state tuition or scholarships at public universities.  

The DOJ already won a lawsuit in Texas on the issue, although the state chose not to fight back.  

Illinois marks the first Democratic state the DOJ is targeting over the issue, demonstrating the first real fight the federal government will have to block these students from in-state tuition.  

It also sets up a fight with Illinois Gov. J.B. Pritzker (D), who has been a vocal opponent of the administration in recent weeks, particularly over President Trump’s threats to send federal troops to Chicago in an effort to crack down on crime.