SPRINGFIELD, IL – The United States filed a lawsuit Tuesday against Illinois over laws granting in-state tuition rates and scholarships to illegal aliens, alleging the measures violate federal law and the U.S. Constitution.

The complaint, filed in the U.S. District Court for the Southern District of Illinois, names the State of Illinois, Governor J.B. Pritzker, the State Attorney General, and the boards of trustees of state universities. It seeks to block enforcement of laws requiring colleges and universities to provide in-state tuition to all aliens who maintain Illinois residency, regardless of immigration status.
According to the Department of Justice, federal law prohibits institutions of higher education from providing benefits to aliens that are not offered to U.S. citizens. The department argues Illinois statutes directly conflict with the Supremacy Clause of the Constitution.
“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Attorney General Pamela Bondi said. “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.”
U.S. Attorney Steven D. Weinhoeft for the Southern District of Illinois said Illinois’ policies give illegal aliens better benefits than U.S. citizens living outside the state and incentivize further illegal immigration at taxpayer expense.
The lawsuit follows two executive orders signed by President Donald Trump: Ending Taxpayer Subsidization of Open Borders and Protecting American Communities From Criminal Aliens. Both direct federal agencies to prevent states from providing taxpayer-funded benefits or preferential treatment to illegal aliens.
