United States Sues State of Illinois for Providing Financial Aid and In-state Tuition to Illegal Aliens Attending Colleges and Universities

EAST ST. LOUIS, Ill. - The U.S. Department of Justice's Civil Division and the U.S. Attorney for the Southern District of Illinois filed a complaint in federal court Thursday against the state of Illinois for policies directing financial support for illegal aliens that are not provided to non-resident U.S. citizens.

"Illinois has an apparent desire to win a 'race to the bottom' as the country's leading sanctuary state. It's misguided approach mandating in-state tuition, scholarships, and financial aid to illegal aliens plainly violates federal law," said U.S. Attorney Steven D. Weinhoeft. "This policy treats illegal aliens better than U.S. citizens living in other states and incentivizes even more illegal immigration, all on the taxpayer's dime. Illinois citizens deserve better."

Federal law prohibits states from granting postsecondary education benefits, like in-state tuition or state financial aid, to illegal aliens unless the state provides equivalent benefits to all U.S. citizens, regardless of residency.

Illinois law classifies certain aliens who are not lawfully present in the United States as "residents" and requires public state colleges to provide reduced tuition and other post-secondary education financial benefits, while U.S. citizens from other states, who do not meet the residency requirements, must pay higher out-of-state tuition rates and do not qualify for certain other benefits.

In addition to providing in-state tuition, the state of Illinois also provides illegal aliens with taxpayer-funded scholarships through state programs administered under the Retention of Illinois Students and Equity (RISE) Act. This financial aid is accessed through an alternative FAFSA form only available to noncitizens. These benefits are not afforded to U.S. citizens who reside outside of Illinois.

This discriminatory treatment in favor of aliens not lawfully present in the United States over U.S. citizens is squarely prohibited and preempted by federal law.

Signed into law on June 21, 2019, the Illinois RISE Act expanded access to state financial aid for undocumented students in Illinois who are ineligible for federal support through the Free Application for Federal Student Aid. FAFSA disqualifies illegal aliens based on their lack of lawful status.