Court blocks in-state tuition for undocumented students in Illinois

Dive Brief:

A federal judge on Friday permanently blocked several Illinois laws that allow certain undocumented students to pay in-state tuition rates and access state scholarships and aid. 
U.S. District Judge David Dugan ruled the Illinois laws were unconstitutional because they conflict with a federal immigration statute that bars undocumented students from receiving educational benefits based on state residency unless “a citizen or national of the United States” is also eligible for them, regardless of their residency.
The ruling marks another victory for the U.S. Department of Justice, which has sued more than a dozen states over policies that provide in-state tuition rates and other educational benefits to undocumented students. 

Dive Insight: 

So far, DOJ lawsuits have led to similar policies being struck down across four other states: Texas, Kentucky, Oklahoma and Nebraska. In each of those cases, state officials joined the DOJ in asking federal courts to vacate their own policies. 

In contrast, Illinois is the first to have its policy ruled unconstitutional after state officials mounted a legal defense against the Trump administration. 

Dugan, a Trump appointee, paused his ruling for two weeks to give Illinois officials time to appeal. A spokesperson with Illinois’ attorney general’s office said via email Tuesday that officials are reviewing the decision and evaluating their options. 

Illinois’ tuition law — which was enacted in 2003 and later modified — provides undocumented students with in-state rates if they meet certain requirements. One pathway, for instance, requires undocumented students to attend a high school in the state for at least two years, among other criteria. 

“In each case, the statutory criteria require a period of continuous residence in Illinois during the relevant educational period as a necessary condition for receiving the benefit,” Dugan wrote. That means that the benefits were tied to state residency, he ruled, and therefore conflicted with federal statute. 

Other Illinois laws, which were enacted after the tuition statute, give undocumented students access to both state aid and a privately funded scholarship program run by the Illinois DREAM Fund Commission. 

DOJ officials praised the ruling Friday. 

“Illinois sought to incentivize illegal immigration on the taxpayer’s dime,” U.S. Attorney Steven Weinhoeft said in a statement, contending the state’s laws treated undocumented students better than out-of-state U.S. citizens. 

Friday’s court decision stands in opposition to another recent ruling. In March, U.S. District Judge Katherine Menendez dismissed DOJ’s case against Minnesota’s laws providing in-state tuition to certain undocumented students. 

Those laws allow undocumented students to qualify for in-state tuition and state financial aid if they attended a high school in Minnesota for at least three years, and either graduated from high school or earned a GED in the state. 

“While these criteria certainly require some connection to Minnesota, they do not require Minnesota residency,” wrote Menendez, a Biden appointee. She wrote that out-of-state residents, such as a student who attended boarding school in Minnesota, could qualify for in-state tuition under the laws. 

DOJ officials appealed that decision in May. 

The agency has continued its campaign against similar state laws. Most recently, it filed lawsuits against Colorado and Maryland.