Prairie State Wire

The U.S. Department of Justice’s Civil Division and the U.S. Attorney for the Southern District of Illinois have filed a federal lawsuit against Illinois over its policies that provide financial support to illegal aliens attending public colleges and universities. The complaint, filed in East St. Louis, alleges that these state policies grant benefits to non-citizens not lawfully present in the country, while denying similar benefits to U.S. citizens from other states.

“Illinois has an apparent desire to win a ‘race to the bottom’ as the country’s leading sanctuary state. It’s misguided approach mandating in-state tuition, scholarships, and financial aid to illegal aliens plainly violates federal law,” said U.S. Attorney Steven D. Weinhoeft. “This policy treats illegal aliens better than U.S. citizens living in other states and incentivizes even more illegal immigration, all on the taxpayer’s dime. Illinois citizens deserve better.”

Federal law bars states from offering postsecondary education benefits—such as in-state tuition or state-funded scholarships—to illegal aliens unless those same benefits are provided to all U.S. citizens regardless of their residency status.

Illinois statutes currently classify certain noncitizen residents who are not lawfully present as “residents” for tuition purposes at public institutions, granting them access to reduced rates and state financial aid programs like those under the Retention of Illinois Students and Equity (RISE) Act. These forms of aid are made available through an alternative application process exclusive to noncitizens and do not extend to out-of-state U.S. citizens.

The RISE Act was signed into law on June 21, 2019, expanding eligibility for state-funded college assistance programs for undocumented students who cannot access federal student aid due to their immigration status.