Overview
- A U.S. district judge granted summary judgment for the Justice Department and ruled that Illinois’ residency‑based in‑state tuition rules, the RISE Act and the Illinois DREAM Act are unconstitutional as applied to undocumented immigrants, a decision issued Friday.
- The court permanently barred enforcement of those state programs but delayed the order for 14 days to give Illinois time to seek emergency relief from a federal appeals court.
- The Justice Department sued Illinois in September 2025, arguing federal law bars states from giving postsecondary benefits to noncitizens based on residence unless the same benefits are available to all U.S. citizens regardless of where they live.
- U.S. Attorney Steven D. Weinhoeft praised the ruling as enforcing federal statute, while spokespeople for Gov. J.B. Pritzker and Attorney General Kwame Raoul had not finalized whether the state would appeal.
- The decision ties into a broader DOJ campaign that has won or settled similar cases in several states and has active suits against others, which could lead to more nationwide changes in how states set tuition and aid rules.