DOJ sues Illinois over laws granting in-state college benefits to illegal immigrants

Published September 2, 2025 1:38pm ET



The Justice Department filed a lawsuit Tuesday against Illinois, Gov. JB Pritzker (D-IL), and several public university systems, challenging state laws that offer in-state tuition and financial aid to illegal immigrants despite similar benefits not being equally available to U.S. citizens from other states.

In the complaint, filed in the Southern District of Illinois, DOJ officials argue that the laws violate the supremacy clause of the Constitution and federal law, specifically 8 U.S.C. § 1623(a), which bars states from granting postsecondary education benefits based on residency to unlawfully present aliens unless those same benefits are offered to all U.S. citizens, regardless of residency.

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