BUZZ
Key Takeaways
- The DOJ has sued Illinois for providing in-state tuition benefits to illegal immigrants, claiming it violates the Illegal Immigration Reform and Responsibility Act of 1996, which prohibits such practices favoring illegal residents over out-of-state U.S. citizens.
- The lawsuit cites a 2003 Illinois law allowing illegal immigrants to qualify for in-state rates by meeting residency and educational requirements, including a commitment to seek permanent residency.
- Attorney General Pam Bondi emphasized the need for equal treatment under federal law, stating that illegal immigrants should not receive benefits denied to U.S. citizens.<br>
UPDATED
Illinois became the latest state sued for allegedly violating federal law against providing tuition benefits to illegal immigrants.
On Sept. 2, the Department of Justice sued Illinois because it provides in-state tuition rates to illegal immigrant residents but not to out-of-state Americans. The “Illegal Immigration Reform and Responsibility Act of 1996″ specifically prohibits this practice.
The practice has been in effect since a 2003 law.
According to the lawsuit, the benefits are open to, “students who are not citizens or lawful permanent residents of the United States [who] can establish Illinois residency for tuition purposes by meeting the requirements of the Act.”
The requirements include “residing with their parents or guardians while attending a public or private high school in Illinois for at least three years, graduating from these programs or receiving an equivalent of a high school diploma.”
Illegal immigrants can also qualify by “signing an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so, and not establishing residence outside Illinois.”
Attorney General Pam Bondi explained the law further in a news release.
“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Attorney General Bondi stated in a news release. “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.”
Texas quickly ended its own program following a federal lawsuit from the Trump DOJ, as did Oklahoma. The Justice Department is currently suing Minnesota. Kentucky ended its program following a DOJ lawsuit
The DOJ couched its lawsuit as a fight against Illinois’ sanctuary state status, which means it generally will not work with federal law enforcement to help remove illegal immigrants.
“Illinois has an apparent desire to win a ‘race to the bottom’ as the country’s leading sanctuary state. Its misguided approach mandating in-state tuition, scholarships, and financial aid to illegal aliens plainly violates federal law,” U.S. Attorney Steven Weinhoeft for the Southern District of Illinois stated in a news release. “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.”
Democratic Governor JB Pritzker criticized the lawsuit and said the state is in compliance with federal law.
“All Illinoisans deserve a fair shot to obtain an education and our programs and policies are consistent with federal laws,” a spokesperson told Axios.
Editor’s note: The article has been updated to clarify Kentucky ended its tuition benefits program.
