President Trump and his administration continue to rack up court victories regarding his mass deportation policies.
And they come after four years of Joe Biden treating U.S. borders like turnstiles.
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An Illinois law that allowed certain illegal immigrants to qualify for in-state tuition and state financial aid at public colleges has been struck down by a federal judge, marking a significant legal victory for Trump in his efforts to enforce all federal immigration laws.
The decision invalidates a policy that had been in place for years and could have broader implications for other states with similar tuition programs, particularly if the ruling is upheld on appeal.
U.S. District Judge David W. Dugan ruled that Illinois’ law allowing certain illegal immigrants to receive in-state tuition at public colleges and universities is unconstitutional and conflicts with federal law.
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The decision came in response to a lawsuit filed by the U.S. Attorney’s Office for the Southern District of Illinois and the U.S. Department of Justice’s Civil Division.
Federal prosecutors argued that Illinois violated federal law by providing lower tuition rates to certain illegal immigrants while many U.S. citizens from other states remained ineligible for those same benefits.
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Judge Dugan agreed with the federal government’s position, ruling that the state’s tuition policy could not stand.
The ruling also struck down portions of Illinois’ Retention of Illinois Students & Equity, or RISE, Act.
The RISE Act allowed certain illegal immigrant students to apply for state-funded financial aid if they graduated from an Illinois high school, attended school in the state for at least three years and pledged to seek lawful permanent resident status as soon as they became eligible under federal immigration law.
The Justice Department argued that Illinois’ policies directly conflicted with federal statutes.
Specifically, federal law generally prohibits states from offering postsecondary education benefits to illegal immigrants based on residency unless those same benefits are made available to all U.S. citizens regardless of where they live.
Federal attorneys contended Illinois failed to meet that requirement by offering discounted tuition and financial aid to certain illegal immigrants while charging higher tuition rates to many American citizens from outside Illinois.
The lawsuit named Illinois Gov. JB Pritzker, state Attorney General Kwame Raoul, and officials representing numerous public colleges and universities throughout the state.
Among the institutions named were the University of Illinois, Southern Illinois University, Illinois State University, Chicago State University, Eastern Illinois University, Northeastern Illinois University and Rend Lake College.
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Following the ruling, U.S. Attorney Steven D. Weinhoeft praised the decision as an important victory for enforcing federal law.
“Illinois sought to incentivize illegal immigration on the taxpayer’s dime by treating illegal aliens better than U.S. citizens living in other states, in clear violation of federal law,” Weinhoeft said in a statement.
“This ruling enforces the statute Congress wrote and stops the State from putting illegal aliens ahead of American citizens.”
Supporters of the Illinois programs have argued the policies gave students who had lived and attended school in Illinois for years an opportunity to pursue higher education regardless of their immigration status.
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Critics, however, have maintained that states should not provide benefits to individuals who entered or remained in the country illegally that are unavailable to American citizens living elsewhere.
The case represents another legal victory for the Trump administration as it continues challenging state policies that it believes conflict with federal immigration law.
The administration has argued that immigration policy should be applied consistently nationwide and that states cannot create benefits that undermine congressional statutes.
Neither Gov. Pritzker nor Attorney General Raoul immediately responded to requests for comment following the ruling.
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Their offices also did not indicate whether Illinois intends to appeal Judge Dugan’s decision.
If state officials choose to appeal, the case would likely move to the U.S. Court of Appeals for the Seventh Circuit.
Until then, the ruling prevents Illinois from continuing to enforce the tuition and financial aid provisions struck down by the federal court, Fox 32 Chicago reported.
This article may contain commentary which reflects the author’s opinion.
