In a significant legal move, the U.S. Department of Justice has initiated a lawsuit against the state of Illinois regarding its policy that permits undocumented students to pay in-state tuition rates. This action marks Illinois as the fifth state to face such a legal challenge, highlighting the ongoing national debate over educational access for noncitizens.
The lawsuit was filed in the Southern District of Illinois and names several key figures, including the state governor, the attorney general, and the boards of trustees of state universities. The core argument presented by the DOJ is that offering reduced tuition rates to undocumented students is unlawful if out-of-state citizens are not afforded the same opportunity.
Illinois has a history of supporting undocumented students, having enacted a law in 2003 that allows these individuals to qualify for in-state tuition under specific conditions. To be eligible, students must have lived in Illinois for three years, graduated from a state high school, and signed an affidavit committing to apply for permanent residency. Recently, the governor signed legislation that will further relax these requirements starting in July 2026, allowing students who have attended an Illinois high school for at least two years or a combination of high school and community college for three years to qualify for in-state rates.
Attorney General Pamela Bondi emphasized the federal stance, stating, “Under federal law, educational institutions cannot extend benefits to undocumented individuals that are not available to U.S. citizens.” She noted that the DOJ has previously filed lawsuits to ensure that U.S. students are not treated as second-class citizens, and Illinois is now part of this ongoing legal battle.
Similar lawsuits have successfully led to the termination of in-state tuition for undocumented students in states like Texas and Oklahoma, where state attorneys general quickly aligned with the federal government’s position. Ongoing legal actions are also in place against Kentucky and Minnesota regarding their tuition policies for noncitizens.
This lawsuit is poised to intensify the conflict between the federal government and Illinois, particularly as President Trump has expressed intentions to deploy the National Guard to Chicago, a move that has been met with strong opposition from the state’s leadership. Since taking office, the governor has been a vocal critic of the administration’s policies.
Officials from the Illinois attorney general’s office have stated that they are currently reviewing the lawsuit and have no additional comments at this time. Universities named in the lawsuit, including Eastern Illinois University, Northeastern Illinois University, and Southern Illinois University, have also refrained from commenting on the pending litigation.
A representative from the governor’s office defended the state’s tuition policy, labeling the lawsuit as a blatant attempt to deprive Illinois residents of educational resources and opportunities. The spokesperson asserted that while the federal administration may be reducing resources for Americans, Illinois remains committed to providing inclusive educational pathways for all students, including immigrants and first-generation college attendees.