The Department of Justice has set its sights on Illinois, filing a complaint that challenges state laws that grant in-state tuition and scholarships to undocumented immigrants. According to a release from the Justice Department, these policies are seen as discriminatory towards U.S. citizens from other states, who aren't privy to the same financial benefits.
Federal law states that higher education institutions are barred from providing benefits to undocumented students that U.S. citizens do not receive. The complaint, launched by the Department of Justice on Tuesday, asserts that Illinois has crossed a line by mandating colleges and universities to extend in-state tuition to all residents, without regard to their legal status in the U.S. "Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens," Attorney General Pamela Bondi said in the statement filed, which directly hits policies championed by Governor Pritzker and various Illinois state university boards.
The legal challenge comes in the wake of two executive orders designed to curb benefits going to undocumented immigrants. One seeks to end taxpayer benefits to those who are not legally in the country, and the other intends to halt the enforcement of state or local policies that give preferences to undocumented individuals over U.S. citizens. U.S. Attorney Steven D. Weinhoeft of the Southern District of Illinois lambasted Illinois' approach by saying, "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."
The contention here goes beyond finances. The Justice Department views the Illinois laws as an affront to the Supremacy Clause of the U.S. Constitution. The lawsuit is a clear signal of the continuation of a tough stance against states seen as sanctuaries for undocumented immigrants. As said by Weinhoeft, seeking to toss the policy in favor of citizens that Illinois laws appeared to have thrown U.S. residents into a 'race to the bottom' as the leading sanctuary state. This echoes previous moves by the Justice Department under the Trump administration, which pursued a hard line on immigration enforcement, prioritizing federal authority over individual state policies.
