Illinois giving undocumented immigrants in-state tuition rate is unconstitutional, judge says
CHICAGO - 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.
What we know:
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 last year.
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. In order to qualify, a student must have graduated from an Illinois high school and attended an in-state school for at least three years, and pledge to file an application to become a permanent U.S. resident as soon as they are eligible.
"Illinois sought to incentivize illegal immigration on the taxpayer’s dime by treating illegal aliens better than U.S. citizens living in other states, in clear violation of federal law," said U.S. Attorney Steven D. Weinhoeft, in a statement. "This ruling enforces the statute Congress wrote and stops the State from putting illegal aliens ahead of American citizens."
The lawsuit named Gov. JB Pritzker, Attorney General Kwame Raoul and officials from several state colleges including Southern Illinois University, Rend Lake College, the University of Illinois, Chicago State University, Eastern Illinois University, Illinois State University, and Northeastern Illinois University.
A spokesperson from Pritzker's office released a statement on the decision:
"All Illinoisans deserve a fair shot to obtain an education. We will remain dedicated to expanding college access, affordability, and opportunity for students, including DACA recipients, in our state — regardless of their skin color or where they were born.
"This lawsuit represents another example of the Trump Administration’s constant bigotry and targeted cruelty towards the hardworking immigrant students and families that strengthen America’s workforce and economy.
"We are carefully reviewing the court’s ruling and evaluating all options, but this effort by the Trump Administration will not stop our commitment to help all of our young students achieve their potential."