President Donald Trump’s administration moved Tuesday to block a new Illinois law that extends in-state tuition rates, scholarships, and other forms of student financial aid to illegal immigrants.
The Department of Justice announced it has filed a lawsuit in the U.S. District Court for the Southern District of Illinois against the state, Democratic Gov. J.B. Pritzker, state Attorney General Kwame Raoul, and the boards of trustees of Illinois’ public universities.
The complaint argues that Illinois’ newly enacted policy violates federal law by offering post-secondary education benefits to illegal immigrants that are not equally available to U.S. citizens from other states.
According to the filing, “federal law prohibits providing aliens not lawfully present in the United States with any post-secondary education benefit on the basis of residency unless that benefit is also available to United States citizens and nationals regardless of their residency.”
The law, signed in August by Pritzker, provides state-funded aid to any Illinois resident regardless of immigration status.
It includes provisions making financial aid available to students who are not eligible for federal programs, such as noncitizens without permanent residency status and transgender students disqualified for failing to register with Selective Service.
The bill states it is intended to create “equitable eligibility for financial aid and benefits” for all students in the state.
U.S. Attorney Steven Weinhoeft, representing the Southern District of Illinois, said in a statement that Illinois’ law is in clear conflict with federal requirements.
“Illinois has an apparent desire to win a ‘race to the bottom’ as the country’s leading sanctuary state,” Weinhoeft said.
He added that the state’s “misguided approach mandating in-state tuition, scholarships, and financial aid to illegal aliens plainly violates federal law” and that “this policy treats illegal aliens better than U.S. citizens living in other states and incentivizes even more illegal immigration, all on the taxpayer’s dime.”
“Illinois citizens deserve better,” Weinhoeft said.
Attorney General Pam Bondi also commented on the lawsuit, noting that the DOJ has filed multiple challenges against state policies seen as granting special treatment to illegal immigrants.
“This Department of Justice has already filed multiple lawsuits to prevent U.S. students from being treated like second-class citizens — Illinois now joins the list of states where we are relentlessly fighting to vindicate federal law,” Bondi said.
Pritzker’s office defended the law in a statement to Fox News Digital, framing it as consistent with the state’s priorities.
“This is yet another blatant attempt to strip Illinoisans of resources and opportunities,” a spokesperson said.
“While the Trump Administration strips away federal resources from all Americans, Illinois provides consistent and inclusive educational pathways for all students – including immigrants and first-generation students – to access support and contribute to our state.”
The spokesperson added, “All Illinoisans deserve a fair shot to obtain an education and our programs and policies are consistent with federal laws.”
The law has drawn criticism from parents in Illinois who argue it places their children at a disadvantage.
Michelle Cunney, a local mother and chapter leader for Parents’ Rights in Education, told Fox News Digital that the measure is deeply troubling.
“To be honest, it’s terrifying that not only are we having to pay for this, as you know, tax-paying citizens … But also, as parents, not knowing how it will really truly end up affecting our children and their education,” she said.
Cunney added that under Pritzker’s leadership, “we know that the children who are not here legally will get … more of a chance and an opportunity to get scholarships and everything than our children, because to Pritzker, and so many others, we are not important. We are not anything other than money.”
The outcome of the case could have implications beyond Illinois, as other states consider similar laws to expand financial aid access to students regardless of immigration status.
The Justice Department’s action signals the administration’s determination to use the courts to challenge state policies it views as conflicting with federal immigration law.
