EAST ST. LOUIS, Ill. — July 26, 2026 — A federal judge has permanently blocked Illinois from offering discounted in-state tuition and related financial benefits to illegal immigrants at public colleges and universities, handing a significant win to the Department of Justice.
U.S. District Judge Stephen McGlynn in the Southern District of Illinois ruled that the state’s policies, including provisions under the RISE Act and Illinois DREAM Act, violate federal law. The decision declares these measures “unconstitutional and invalid” as applied to aliens not lawfully present in the United States.
Acting Attorney General Todd Blanche celebrated the outcome, stating: “Illinois gave in-state tuition to illegal aliens and treated American students like second-class citizens. That’s unconstitutional, and we sued and won. The Department of Justice will fight any state that puts illegal aliens ahead of American citizens.”
Legal Basis of the Ruling
The lawsuit, filed by the DOJ in September 2025 against the State of Illinois, Governor J.B. Pritzker, and several public university boards, centered on 8 U.S.C. § 1623(a). This federal statute prohibits states from granting postsecondary education benefits to illegal aliens based on residency unless the exact same benefit is made available to every U.S. citizen and national, regardless of where they live.
Illinois policies allowed certain undocumented students who attended high school in the state for at least three years and met other criteria to pay in-state rates and access state financial aid. Out-of-state American citizens did not receive equivalent treatment based solely on residency status.
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The court granted the United States’ motion for summary judgment and denied the state’s motion to dismiss. The permanent injunction prevents enforcement of the challenged provisions against those not lawfully present. It is stayed for 14 days to allow Illinois to seek a stay pending appeal.
Broader Context and Implications
This marks one of several recent DOJ actions targeting similar state policies that provide preferential higher-education benefits to illegal immigrants. Parallel lawsuits are pending or underway against states including California, Colorado, Maryland, Massachusetts, New Jersey, and others.
Supporters of the ruling argue it enforces longstanding federal immigration law and prioritizes American students and taxpayers. Critics, including Illinois officials, have previously maintained that the state’s programs are consistent with federal law and support educational access for long-term residents.
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The decision does not immediately affect all related measures, and Illinois may appeal. Public universities and community colleges named in the suit, such as the University of Illinois system and Southern Illinois University, must now adjust policies accordingly once the stay expires.
What’s Next
The Department of Justice under Acting AG Todd Blanche has signaled continued enforcement efforts nationwide. “The American people gave us a clear mandate,” associated DOJ officials noted in related statements, emphasizing that illegal aliens will not receive preferential treatment over U.S. citizens.
For Illinois students and families, the ruling could reshape access to affordable public higher education. Undocumented individuals previously eligible under the RISE Act or DREAM Act provisions will no longer qualify for the discounted rates or associated aid based on the invalidated residency rules.
This federal court victory reinforces the supremacy of federal immigration statutes over conflicting state education policies and sets a potential precedent for similar challenges across the country.
