Why Illinois is facing a DOJ lawsuit over in-state tuition and how it affects American students

The US Department of Justice (DOJ) has filed a lawsuit against the State of Illinois for allegedly violating federal immigration law by providing in-state tuition benefits to illegal immigrants while denying the same to out-of-state US citizens.

The DOJ claims this policy violates the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.The lawsuit states that Illinois, through a 2003 law, grants tuition discounts to illegal immigrants who meet certain residency and educational criteria, while US citizens from other states are required to pay higher out-of-state rates. The DOJ argues that such a policy contravenes federal law by providing a public benefit to illegal immigrants not offered to all US citizens.Illinois’ tuition policy under legal scrutinyThe legal challenge stems from the Illinois law passed in 2003, which allows non-citizen students to qualify for in-state tuition rates if they attended a public or private high school in Illinois for at least three years, graduated or obtained an equivalent diploma, and resided with parents or guardians during that period. In addition, these students must sign an affidavit declaring their intention to apply for permanent residency in the US as soon as eligible and must not establish residency outside Illinois.

According to the DOJ’s lawsuit, as reported by the College Fix, “students who are not citizens or lawful permanent residents of the United States can establish Illinois residency for tuition purposes by meeting the requirements of the Act.”DOJ cites federal law in lawsuitUS Attorney General Pam Bondi stated in a press release that federal law mandates equal treatment, saying, “Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to US citizens.”

This statement was reported by the College Fix. She added that the DOJ has filed multiple lawsuits to prevent US students from being treated as “second-class citizens.”The DOJ also referenced similar lawsuits previously filed against other states, including Minnesota and Kentucky, where comparable tuition policies were challenged. Following DOJ legal actions, states such as Texas and Oklahoma ended their in-state tuition benefits for illegal immigrants, as noted by the College Fix.DOJ links case to sanctuary state policiesUS Attorney Steven Weinhoeft of the Southern District of Illinois linked the case to the state’s broader immigration stance. As quoted by the College Fix, he said, “Illinois has an apparent desire to win a ‘race to the bottom’ as the country’s leading sanctuary state. Its misguided approach mandating in-state tuition, scholarships, and financial aid to illegal aliens plainly violates federal law.”He further stated that the state’s policy “treats illegal aliens better than US citizens living in other states and incentivizes even more illegal immigration, all on the taxpayer’s dime.”Governor defends state’s approachIn response to the lawsuit, a spokesperson for Illinois Governor JB Pritzker said the state’s policies comply with federal law. “All Illinoisans deserve a fair shot to obtain an education and our programs and policies are consistent with federal laws,” the spokesperson said, as reported by the College Fix.