Federal Judge Declares Illinois Laws on Tuition Aid for Illegal Immigrants Unconstitutional

The state of Illinois faced a significant legal setback when U.S. District Judge Stephen McGlynn struck down key state laws. These laws allowed illegal immigrants to access in-state tuition, financial aid, and scholarships. This decision aligns with the Trump administration’s stance on immigration. Judge McGlynn, appointed by former President Donald Trump, ruled that Illinois’ education policies for illegal immigrants are “unconstitutional and invalid.” The ruling halted the enforcement of these laws. However, McGlynn gave Illinois 14 days to appeal before the order took effect.

U.S. Attorney Steven Weinhoeft supported the ruling, stating, “This decision stops Illinois from prioritizing illegal aliens over American citizens.” He emphasized that the state was violating federal law by offering these benefits to illegal immigrants.

The ruling is part of a broader federal effort against state laws that extend educational benefits to illegal immigrants. Recently, the Justice Department initiated similar legal actions against Colorado.

In September 2025, the Justice Department sued Illinois and several colleges. They argued that the state’s policies were illegal since they didn’t provide the same benefits to all U.S. citizens. Judge McGlynn supported the federal government’s stance, rejecting Illinois’ attempts to dismiss the case.

This decision affects Illinois’ regulations, including the RISE Act and the Illinois DREAM Act. The RISE Act offered financial aid to students ineligible for federal assistance, while the Illinois DREAM Act provided scholarships to eligible students.

This is a win for Illinois taxpayers and American students who were shut out while Pritzker prioritized foreigners in our country illegally.

These words come from Rep. Mary Miller, R-Ill., who endorsed the ruling. McGlynn’s decision reflects ongoing legal actions across several states, including Texas, Kentucky, Oklahoma, Nebraska, and now Colorado. In these cases, the Justice Department has been successful in either winning or securing settlements.

In a lawsuit against Colorado filed recently, the Department of Justice criticized the state’s ASSET Act. They argued that Colorado unlawfully grants in-state tuition and financial aid to illegal immigrants, not available to out-of-state U.S. citizens.

Associate Attorney General Stanley Woodward remarked that federal law for the past three decades disallows such preferential treatment for illegal immigrants. He stated that Colorado’s policies unfairly burden taxpayers.

Despite the lawsuits, Colorado Gov. Jared Polis defended his state’s policies. Polis argued that expanding educational access is essential for equipping students for better job opportunities. He criticized the federal government’s attempt to control in-state tuition policies nationwide.

Illinois Gov. JB Pritzker’s office has not commented on the ruling. The broader context suggests ongoing tensions between federal policies and state-level educational initiatives.