The Trump administration escalated its ongoing battle with Illinois this week, filing a federal lawsuit against Gov. JB Pritzker and state officials over a law that extends in-state tuition and scholarship benefits to undocumented students.
The complaint, filed Tuesday in the Southern District of Illinois, argues that the state’s policy discriminates against U.S. citizens and conflicts with federal immigration law. U.S. Attorney General Pam Bondi said in a statement, “Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens. 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.”
The case centers on House Bill 460, which Pritzker signed last month to expand the state’s Retention of Illinois Students and Equity (RISE) Act. The legislation makes undocumented students eligible for state-funded scholarships, grants, and stipends starting in 2026. Because they are excluded from federal aid programs, the law was designed to broaden access to higher education for a population that has long faced barriers to affordability.
Federal prosecutors, however, argue that the measure “flagrantly violates” the U.S. Constitution’s Supremacy Clause, which asserts that federal law overrides conflicting state statutes. “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,” said U.S. Attorney Steven Weinhoeft, who filed the complaint.
The lawsuit mirrors actions the Department of Justice has taken in Texas, Minnesota, and Kentucky, part of a broader effort by the Trump administration to curtail state-level policies supporting undocumented students. Texas recently ended its long-standing in-state tuition program under court order, eliminating a benefit thousands had relied on.
Illinois officials have yet to respond in detail to the new challenge. A spokesperson for Attorney General Kwame Raoul said the office is “reviewing the case.” Pritzker’s office did not immediately provide comment, though the Democratic governor has frequently clashed with the administration over immigration enforcement.
The dispute comes amid heightened tensions between Trump and Pritzker as the president threatens to send National Guard troops and expanded immigration enforcement teams into Chicago — a move the governor has denounced as an abuse of federal power.
For undocumented students in Illinois, the outcome of this lawsuit could determine whether they continue to pursue college at affordable rates or face the far higher cost of out-of-state tuition, which often puts higher education out of reach.
