A federal judge ruled that Illinois state laws offering in-state tuition and other public benefits to illegal immigrants are unconstitutional under the Supremacy Clause. The ruling, issued by U.S. District Judge Stephen McGlynn, follows a lawsuit filed by the Department of Justice in September 2025, which argued that these laws violated federal law by providing benefits to illegal immigrants while excluding U.S. citizens living outside Illinois. The decision permanently blocks the enforcement of the RISE Act, which provided state-funded financial aid to illegal immigrants, and the DREAM Act, which established scholarship opportunities for these students.
U.S. Attorney Steven Weinhoeft stated that the ruling prevents Illinois from prioritizing illegal immigrants over U.S. citizens in terms of public benefits. A spokesperson for Illinois Governor JB Pritzker defended the state's policies, asserting that they are consistent with federal laws and aimed at providing educational opportunities for all Illinois residents.
The Justice Department has similar lawsuits pending against several other states, including California and New Jersey. The injunction against Illinois has been delayed for 14 days to allow for an appeal, and state officials have not yet indicated whether they will challenge the ruling. The Department of Justice emphasized that federal law prohibits states from granting postsecondary education benefits to illegal immigrants based on residency unless the same benefits are available to all U.S. citizens, regardless of their state of residence.