A federal judge ruled that an Illinois law allowing some undocumented immigrants to pay in-state tuition rates to attend the state’s public colleges and universities is unconstitutional. The judge ruled similarly about a law allowing undocumented students access to state financial aid. The decision affects education benefits currently available to undocumented students under Illinois state law.
What changed
Judge David W. Dugan ruled that Illinois allowing undocumented immigrants to pay in-state tuition at its public colleges and universities was “unconstitutional and invalid.” Dugan ruled similarly on the Retention of Illinois Students & Equity (RISE) Act, which gives undocumented college students access to state financial aid.
The ruling stemmed from a lawsuit brought by the U.S. Attorney’s Office in the Southern District of Illinois and U.S. Department of Justice’s Civil Division.
Why it matters
For practitioners advising undocumented students or families in Illinois, this ruling eliminates two major pathways for education access: reduced tuition at public universities and state-funded financial aid. Students who previously relied on in-state tuition classification and RISE Act scholarships must now reassess their options.
It was unclear if the state would appeal the decision. Until an appeal is filed and resolved—or if the state chooses not to appeal—the ruling stands and schools must comply. You should monitor the state attorney general’s office for any notice of appeal or legislative response.
Way forward
- Verify current institutional policy: Contact the registrar or admissions office at the student’s target institution to confirm whether they have suspended in-state tuition classification for undocumented applicants pending appeal.
- Explore alternative benefit programs: Investigate private scholarships, institutional aid (non-state-funded), federal Student Aid (FAFSA for eligible students), and emergency funds offered directly by colleges.
- Document residency and eligibility: If the student has any path to lawful status (DACA, pending asylum, etc.), begin preparing supporting documentation now, as some federal or institutional benefits may become available.
- Stay informed on appeal: Set a reminder to check the Southern District of Illinois court docket and Illinois Attorney General announcements for notice of appeal or settlement discussions.
Disclaimer
This article is not legal advice and does not constitute professional legal counsel. Articles.folaform.com is a software-driven plain-English explainer, not a law firm. Immigration law is complex and highly fact-specific. You must verify all claims against the primary source cited above and consult a licensed immigration attorney before advising a client or filing any application. Policy can change without notice through appeal, legislative action, or executive order. Always verify current information directly with the relevant agency or court before making filing decisions.