Illinois giving undocumented immigrants in-state tuition rate is unconstitutional, judge says

Apparently the story was covered in right leaning news sources but not left.

Illinois giving undocumented immigrants in-state tuition rate is unconstitutional, judge says

Ground News

July 28. 2026

The decision blocks state tuition and aid benefits for undocumented students and gives Illinois 14 days to seek an appeal.

On Friday, Judge David Dugan ruled Illinois' RISE Act and Illinois DREAM Act, which grant in-state tuition and financial aid to undocumented immigrants, unconstitutional as applied to those not lawfully present.

The Justice Department sued Illinois last year, arguing the State's tuition and financial aid policies violated federal law by treating American citizens worse than undocumented immigrants, conflicting with federal restrictions on education benefits.

U.S. Attorney Steven D. Weinhoeft stated the ruling "enforces the statute Congress wrote and stops the State from putting illegal aliens ahead of American citizens." The decision granted the federal government's summary judgment motion.

While the ruling permanently prevents Illinois from enforcing the laws, Dugan delayed the injunction for 14 days to allow the State to seek further relief through an appeals court.

This victory for President Trump follows similar lawsuits in other states, including Colorado, as the Justice Department has won or settled cases in Texas, Kentucky, Oklahoma, and Nebraska.