A federal judge ruled that Illinois state laws providing in-state tuition and other public benefits to undocumented immigrants are “unconstitutional and invalid” under the Supremacy Clause. The ruling has immediate consequences for college eligibility counseling and for undocumented immigrants seeking financial aid in Illinois.
What changed
U.S. District Judge Stephen McGlynn permanently blocked enforcement of the RISE Act, which provides undocumented immigrants with state-funded financial aid, and the DREAM Act, which established scholarship opportunities for such students.
The Department of Justice filed the lawsuit in September 2025, arguing that Illinois violated federal law by providing residency-based tuition and financial aid to undocumented immigrants while not offering the same public benefits to all U.S. citizens who live outside Illinois. The court agreed that this discriminatory structure violated the Supremacy Clause—the constitutional principle that federal law preempts conflicting state law.
Why it matters
Practitioners advising undocumented immigrant clients in Illinois must immediately update guidance on higher education financing. If your client was relying on in-state tuition or the DREAM Act scholarship program to attend a state university or community college, those pathways are now closed. You cannot recommend applying for benefits under either program.
The decision also signals judicial willingness to scrutinize state residency-based benefits that favor undocumented immigrants over out-of-state U.S. citizens. Other states with similar programs (California, New York, and others) face potential legal challenge on the same theory. Practitioners in those jurisdictions should monitor for similar litigation.
Way forward
- Update your website and intake questionnaires. Remove any reference to Illinois RISE Act or DREAM Act eligibility for undocumented clients. The benefits are no longer available.
- Notify clients currently receiving benefits. If you represented undocumented students who enrolled under these programs, alert them that the programs are now enjoined and confirm whether their current enrollment or awards may be affected.
- Advise on alternative pathways. Redirect clients to private scholarships, federal work-study (if eligible), or out-of-state options if cost is the barrier.
- Monitor similar cases nationwide. Document the docket number and reasoning; expect similar suits in other states.
Disclaimer
Fola is a software company, not a law firm. This article is not legal advice. Please consult a licensed immigration attorney in your jurisdiction before acting on this information. Immigration policy and court rulings can change without notice; always verify this guidance against the primary source linked above and the current text of Illinois law.