A federal district court recently struck down several Illinois laws that provided in-state tuition rates and financial assistance to noncitizens.
In United States v. Illinois, the federal government argued that Illinois law conflicted with a federal statute prohibiting states from offering residency-based higher education benefits to noncitizens unless the same benefits are made available to all U.S. citizens, regardless of where they live. On July 24, the court agreed, ruling that the state’s current in-state tuition provisions and portions of the Illinois DREAM Act and RISE Act violate federal law when applied to noncitizens.
The Illinois DREAM Act gives noncitizens access to scholarships, college savings, and prepaid tuition. Meanwhile, the RISE Act allows noncitizens to apply for state financial aid programs, including the State of Illinois Monetary Award Program (MAP.
The court permanently blocked the state from enforcing the affected provisions but delayed implementation of its order for 14 days, where in which Illinois can seek a stay while appealing the decision.