President Donald Trump’s Department of Justice (DOJ) is moving to block a controversial Illinois law that extends in-state tuition rates, scholarships, and other student financial aid to illegal immigrants.
On Tuesday, Attorney General Pam Bondi announced that the DOJ filed a complaint in the Southern District of Illinois against the state, Gov. J.B. Pritzker (D), Attorney General Kwame Raoul (D), and the boards of trustees of Illinois state universities.
The complaint argues that Illinois’ law violates federal law by unconstitutionally discriminating against American citizens.
According to the DOJ:
“Federal law prohibits providing aliens not lawfully present in the United States with any post-secondary education benefit on the basis of residency unless that benefit is also available to United States citizens and nationals regardless of their residency.”
The DOJ calls Illinois’ new statute a “blatant and ongoing violation of federal law.”
U.S. Attorney Steven Weinhoeft of the Southern District of Illinois blasted Pritzker’s policy in a statement:
“Illinois has an apparent desire to win a ‘race to the bottom’ as the country’s leading sanctuary state.
“This misguided approach mandating in-state tuition, scholarships, and financial aid to illegal aliens plainly violates federal law.
“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.”
Bondi reinforced that message, vowing continued legal action:
“This Department of Justice has already filed multiple lawsuits to prevent U.S. students from being treated like second-class citizens — Illinois now joins the list of states where we are relentlessly fighting to vindicate federal law.”
Pritzker, who is widely seen as a 2028 Democrat presidential contender, signed the law in August.
The measure establishes “equitable eligibility for financial aid and benefits” for all Illinois students, regardless of immigration status.
It explicitly opens the door for illegal immigrants and others ineligible for federal aid, such as students who failed to register for Selective Service, to qualify for state-funded benefits.
A spokesperson for Pritzker defended the policy, claiming it provides “inclusive educational pathways for all students”:
“This is yet another blatant attempt to strip Illinoisans of resources and opportunities.
“While the Trump Administration strips away federal resources from all Americans, Illinois provides consistent and inclusive educational pathways for all students – including immigrants and first-generation students – to access support and contribute to our state.
“All Illinoisans deserve a fair shot to obtain an education, and our programs and policies are consistent with federal laws.”
Illinois Attorney General Kwame Raoul’s office said only that it was “reviewing the case.”
Parents in Illinois have strongly criticized the new law.
Michelle Cunney, an Illinois mother and local Parents’ Rights in Education chapter leader, said in a statement that the policy is a “nightmare” for families:
“To be honest, it’s terrifying that not only are we having to pay for this, as you know, tax-paying citizens …
“But also, as parents, not knowing how it will really, truly end up affecting our children and their education.”
She added:
“We know that the children who are not here legally will get … more of a chance and an opportunity to get scholarships and everything than our children, because to Pritzker, and so many others, we are not important.
“We are not anything other than money.”
The lawsuit is the latest escalation in Trump’s ongoing battle with Democrat-led states over illegal immigration.
Bondi’s Justice Department has already launched similar lawsuits against states that tried to prioritize illegal immigrants for taxpayer-funded benefits.
The Illinois case could become a test of how far courts are willing to go in reining in blue states that openly defy federal immigration law.
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