Illinois' undocumented student tuition law faces uncertain future
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Sarah Grillo/Axios
A federal judge ruled this month that Illinois' laws allowing eligible undocumented students to pay in-state tuition are unconstitutional, threatening expanded college access for immigrants.
Why it matters: The decision upends more than 20 years of Illinois legislation making it more affordable for tens of thousands of undocumented students to attend community college and university in Illinois.
Driving the news: A judge in the Southern District of Illinois ruled on July 24 that federal law prohibits states from granting in-state tuition or state financial aid to undocumented students unless the same benefit is available to any U.S. citizen, which, in this case, would mean out-of-state students.
By the numbers: Nearly 25,000 undocumented students were enrolled in higher education in Illinois last year.
What they're saying: U.S. Attorney Steven D. Weinhoeft said this ruling would stop Illinois from using taxpayer funds to treat unauthorized immigrants "better than U.S. citizens living in other states, in clear violation of federal law."
The other side: "The University of Illinois System … is carefully reviewing the court's decision and working with state officials and legal counsel to assess its implications," University of Illinois System president Tim Killeen said in a statement.
- "The University of Illinois System remains committed to expanding educational opportunities and supporting student success for all members of our community."
- "All Illinoisans deserve a fair shot to obtain an education. We will remain dedicated to expanding college access, affordability, and opportunity for students, including DACA recipients, in our state — regardless of their skin color or where they were born," Gov. JB Pritzker said in a statement.
Catch up quick: The Acevedo Act, passed in 2003 and amended in 2024, allows in-state tuition to undocumented students who:
- Resided with his or her parent or guardian while attending high school in Illinois;
- Graduated from an Illinois high school or received a GED;
- Attended school in Illinois for at least three years as of the date the individual graduated from high school or received a GED;
- Provide the university with an affidavit stating that the individual will file an application to become a permanent U.S. resident at the earliest opportunity the individual is eligible.
Legislators passed the Illinois DREAM Act in 2011, creating the Illinois DREAM Fund, a scholarship funded by private contributions and the state lottery.
- The state passed the RISE Act in 2019, which allows undocumented students to apply for Monetary Award Program (MAP) grants, the state's largest need-based grant program for low-income college students.
What's next: The judge paused the decision for two weeks to give Illinois officials a chance to appeal. Those two weeks are up on Friday.
- "We are carefully reviewing the court's ruling and evaluating all options, but this effort by the Trump Administration will not stop our commitment to help all of our young students achieve their potential," Pritzker's statement said.