Judge David W. Dugan ruled that Illinois' law allowing undocumented college students to pay in-state tuition at public colleges and universities is unconstitutional. J.B. Pritzker was named in the case, and the ruling also reached the state's financial-aid policy for students covered by the RISE Act.
The judge said the tuition rule was “unconstitutional and invalid,” and ruled similarly on the state aid policy. The case turned on Illinois rules that required students qualifying under the RISE Act to have graduated from an Illinois high school, attended an in-state school for at least three years and pledged to file an application to become a permanent U.S. resident as soon as they are eligible.
Southern District of Illinois lawsuit
The ruling grew out of a lawsuit filed last year by the U.S. Attorney's Office in the Southern District of Illinois and the U.S. Department of Justice's Civil Division. The suit named Pritzker, Attorney General Kwame Raoul and officials from Southern Illinois University, Rend Lake College, the University of Illinois, Chicago State University, Eastern Illinois University, Illinois State University and Northeastern Illinois University.
That filing put the tuition policy and the aid policy in the same legal challenge. Dugan's decision now leaves both parts of the state program without the court protection they had before the ruling.
RISE Act requirements
The RISE Act, short for Retention of Illinois Students & Equity, was one of the policies Dugan addressed. Illinois' rules under that law tied eligibility to three requirements: graduation from an Illinois high school, at least three years at an in-state school, and a pledge to apply for permanent U.S. residency when eligible.
Those requirements were part of the state framework that let some undocumented students pay in-state tuition and seek state financial aid. With the ruling, the state policy now sits in direct conflict with the federal court's order.
Pritzker appeal decision
Steven D. Weinhoeft said the ruling enforces the statute Congress wrote and stops the state from putting illegal aliens ahead of American citizens. Spokespeople for Pritzker and Kwame Raoul did not immediately respond to requests for comment.
The immediate question now is whether Illinois will appeal. Until that decision is made, the court ruling stands as the governing order for the tuition and aid rules challenged in the case.
