A U.S. District Court judge in Southern Illinois sided with the Department of Justice in striking down three state laws that extended educational benefits to undocumented students. Judge David W. Dugan, a Trump appointee, issued a ruling declaring the in-state tuition provision, the Retention of Illinois Students & Equity (RISE) Act, and the Illinois DREAM Act to be unconstitutional and invalid.
The RISE Act had permitted state financial aid for certain undocumented students, while the Illinois DREAM Act made scholarships, college savings programs, and prepaid tuition plans available to undocumented individuals who completed high school in Illinois. The in-state tuition policy allowed eligible undocumented students to pay resident rates rather than out-of-state rates.
U.S. Attorney Steven D. Weinhoeft characterized the decision as enforcing congressional statute and preventing the state from treating undocumented immigrants more favorably than U.S. citizens from other states. The court’s injunction prevents Illinois from enforcing the three policies, though the state has 14 days to determine whether to file an appeal, during which the injunction remains suspended.
Governor JB Pritzker’s office responded to the ruling by reaffirming the state’s commitment to expanding college access and affordability for all students, including DACA recipients. The governor’s spokesperson criticized the lawsuit as part of what they characterized as targeted actions against immigrant communities and pledged that Illinois would evaluate its options while continuing efforts to support students regardless of immigration status or birthplace.
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