Federal Judge Invalidates Illinois Education Benefits for Undocumented Immigrants in Trump Administration Victory

Illinois Gov. JB Pritzker suffered a significant judicial setback Friday when a federal judge struck down state laws allowing undocumented immigrants to access in-state tuition, financial aid and scholarships. The ruling represents the latest victory in the Trump administration’s broad effort to challenge state policies extending higher education benefits to people in the country illegally.

U.S. District Judge Stephen McGlynn, an appointee of former President Donald Trump in the Southern District of Illinois, ruled that the state’s tuition policies, the RISE Act and the Illinois DREAM Act violate federal law when applied to undocumented immigrants. McGlynn granted the Justice Department’s motion for summary judgment while denying the state’s request to dismiss the case, though he paused the order for 14 days to permit Illinois to seek intervention from an appeals court.

U.S. Attorney Steven Weinhoeft said the decision enforces congressional intent. “Illinois sought to incentivize illegal immigration on the taxpayer’s dime by treating illegal aliens better than U.S. citizens living in other states, in clear violation of federal law,” Weinhoeft stated. “This ruling enforces the statute Congress wrote and stops the State from putting illegal aliens ahead of American citizens.”

The Justice Department filed its lawsuit against Illinois in September 2025, contending that offering in-state tuition and financial aid to undocumented immigrants without extending the same benefits to all U.S. citizens regardless of residence violated federal statute. The RISE Act provides access to state financial aid for students ineligible for federal assistance, while the Illinois DREAM Act established scholarship opportunities for eligible students.

Rep. Mary Miller, R-Ill., celebrated the decision as a victory for state taxpayers and American students. The Trump administration has previously won or settled comparable cases involving Texas, Kentucky, Oklahoma and Nebraska, with Nebraska agreeing to end in-state tuition benefits for undocumented immigrants.

The Justice Department filed a similar lawsuit against Colorado on Thursday, arguing that the state’s ASSET Act and related policies unlawfully provide lower tuition rates to undocumented immigrants while denying those benefits to out-of-state U.S. citizens. Associate Attorney General Stanley Woodward said Colorado’s policies violate a 30-year-old congressional directive. Pending lawsuits also target Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island and Maryland.

Colorado Gov. Jared Polis’ office defended the state’s approach to education access. A spokesperson said federal control over in-state tuition determination across states is “absurd” and that Colorado remains committed to expanding educational opportunities and reducing student costs. Pritzker’s office did not immediately provide comment.