A federal judge ruled on July 25, 2026, that Illinois laws granting in-state tuition, financial aid, and scholarships to illegal immigrants are unconstitutional. U.S. District Judge Stephen McGlynn, appointed by former President Trump, sided with the Justice Department, stating that these policies violate federal law. The ruling prevents Illinois from enforcing these laws, although the judge has delayed the order for 14 days to allow for an appeal.
U.S. Attorney Steven Weinhoeft commented on the ruling, stating that it stops Illinois from prioritizing illegal immigrants over U.S. citizens. This decision follows a similar lawsuit filed by the Justice Department against Colorado. The ruling invalidates the RISE Act, which provides state financial aid for certain students, and the Illinois DREAM Act, which offers scholarships to eligible students.
The Justice Department has previously won or settled similar cases in Texas, Kentucky, Oklahoma, and Nebraska. Lawsuits are still pending against several states, including Minnesota, Virginia, and California. Colorado Governor Jared Polis defended his state's policies, arguing that they expand access to education and are essential for preparing students for the workforce.