* Press release last month…
Continuing her commitment to educational equity, State Senator Celina Villanueva has secured the signing of a new law expanding access to student financial aid for all Illinois residents—regardless of immigration status.
“If you live in Illinois and are pursuing higher education, you should have access to the same opportunities as your peers,” said Villanueva (D-Chicago). “This law is about making sure no student is left behind because of where they were born.”
A commenter mentioned at the time that this could trigger a federal law…
Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), codified at 8 U.S.C. § 1623 means Illinois will have to provide in state tuition for out of state students attending Illinois colleges. Probably not something many thought about. A lot of money here.
* I reached out to the Illinois Coalition for Immigrant and Refugee Rights and was told the bill merely built on laws passed in Illinois going back to 2003. The built-in requirements addressed the Clinton-era federal law…
This bill incorporates the definition of “Illinois resident” from the in-state tuition law we passed in 2003 and has since been amended. That definition includes students who meet certain criteria other than simply living in the state, including having attended school in Illinois for a certain number of years and having graduated from an Illinois high school. Certain people who meet these criteria do not currently live in Illinois would qualify for in-state tuition. Meanwhile, an undocumented student who lives in Illinois but who does not meet the criteria (who didn’t attend school in Illinois long enough or finished high school out of state) would not qualify for in-state tuition. Under the RISE Act, the same rules would apply to state (and now local) government financial aid. Because these rules are not based solely on where the student is a resident, they avoid Section 505.
* Not surprisingly, the feds disagree…
The United States is challenging Illinois laws providing in-state tuition and scholarships for illegal aliens. These laws unconstitutionally discriminate against U.S. citizens, who are not afforded the same reduced tuition rates or scholarships, in direct conflict with federal law. On Tuesday, Sept. 2, the Department of Justice filed a complaint in the Southern District of Illinois against the State of Illinois, Governor Pritzker, the State Attorney General, and the boards of trustees of state universities in Illinois seeking to enjoin the State from enforcing the Illinois laws and bring them into compliance with federal requirements.
In the complaint, the United States seeks to enjoin enforcement of Illinois laws that requires colleges and universities to provide in-state tuition rates for all aliens who maintain Illinois residency, regardless of whether those aliens are lawfully present in the United States. Federal law prohibits institutions of higher education from providing benefits to aliens that are not offered to U.S. citizens. The Illinois laws blatantly conflict with federal law and are thus in conflict with the Supremacy Clause of the U.S. Constitution.
“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Attorney General Pamela Bondi. “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.”
“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,” said U.S. Attorney Steven D. Weinhoeft for the Southern District of Illinois. “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.”
The lawsuit is here.
- H-W - Tuesday, Sep 2, 25 @ 1:51 pm:
Pretty easy fix here. Just offer in-state tuition to everyone. As a professor at one such university, I am sure my state university would not mind having even more people paying tuition and attending. And as to the idea of state providing grants to students, that is clearly a state’s right issue, not a federal issue.
- Socially DIstant Watcher - Tuesday, Sep 2, 25 @ 2:03 pm:
@H-W: Or, continue to set tuition based on residency, not citizenship.
- Johnny B - Tuesday, Sep 2, 25 @ 2:05 pm:
Great idea
I know Math is hard but that will lead to an enrollment of 100% Chinese and Indian citizens in the engineering and computer science schools at UIUC
- City Zen - Tuesday, Sep 2, 25 @ 2:23 pm:
==This policy treats illegal aliens better than U.S. citizens living in other states==
While I applaud the cleverness of the Section 505 workaround, I wish they could apply these same talents to help actual U.S. citizens.
- ArchPundit - Tuesday, Sep 2, 25 @ 2:32 pm:
If the Courts aren’t playing Calvinball the ICIRR has the better of the argument. Undocumented folks living in Illinois are paying Illinois taxes while the citizens in other states are not.
- Blue Dog - Tuesday, Sep 2, 25 @ 2:35 pm:
Not sure anyone contemplating federal office wants this on their resume in swing states.
- Center Drift - Tuesday, Sep 2, 25 @ 2:37 pm:
Sort of defeats the idea of citizenship having rights if you choose to give the privilege to everyone whether they are a citizen or not. How about making sure your citizens are provided what they are eligible for and using any excess resources for those truly in need.
- 47th Ward - Tuesday, Sep 2, 25 @ 2:41 pm:
Johnny B,
I don’t think it works the way you think it works. Giving a graduate of an Illinois high school in-state tuition to attend a public university in Illinois does not mean international students would qualify.
I’m going to have to mark you as Johnny C- from now on.
- Sue - Tuesday, Sep 2, 25 @ 2:46 pm:
JB is a proud member of the Mandami/Squad wing of the Democratic Party guaranteeing he gets nowhere in his WH ambitions
- Steve - Tuesday, Sep 2, 25 @ 2:47 pm:
The issue might even be bigger than this appears. Why shouldn’t Chinese nationals get in state tuition instead of out of country tuition? Can Illinois pick and choose which foreign students get in state tuition? If Illinois wins in court, I guess they can.
- H-W - Tuesday, Sep 2, 25 @ 2:48 pm:
@ Center Drift
You hit the nail on the head.
The difference between isolationism and the community is seen in touting self-interest over the welfare of the community. One strategy ensures inequality of outcome and diminished social returns, while the other creates more opportunities for all and a healthier community.
I am saddened that you and so many other Americans and Illinoisans prefer the former to the latter: privilege versus abundance.
- Rich Miller - Tuesday, Sep 2, 25 @ 2:50 pm:
===Can Illinois pick and choose which foreign students get in state tuition?===
The state believes it can, and if you had actually read the post you would have seen why.
- Ares - Tuesday, Sep 2, 25 @ 2:51 pm:
NIU law school and SIU law school already offer the same tuition rate to IL and non-IL students. Offering one rate to State schools other than UIUC (and maybe UIC) may be a solution to the enrollment losses.
- ArchPundit - Tuesday, Sep 2, 25 @ 3:10 pm:
—-The issue might even be bigger than this appears. Why shouldn’t Chinese nationals get in state tuition instead of out of country tuition?
It’s not bigger. It’s much smaller if you bothered to read the article the question is over whether a set of criteria can be used to offer instate tuition to people who are residing within the State of Illinois. So a kid who was brought here by his parents and graduated from an Illinois High School can attend get in state tuition. Is there something radical about this?
- Rich Miller - Tuesday, Sep 2, 25 @ 3:11 pm:
===if you bothered to read the article===
For some, that’s too much to ask. They’ll bloviate all day, but they either don’t read the post or will try to undermine it with feigned ignorance.
- Socially DIstant Watcher - Tuesday, Sep 2, 25 @ 3:14 pm:
Tacking on a citizenship test for every student will complicate admissions
I guarantee you, citizens will miss deadlines and be denied aid. Is it worth it to add hoops, to make it so hard to qualify, just to deny something to taxpayers without Marco Rubio’s approval?
- Steve - Tuesday, Sep 2, 25 @ 4:14 pm:
-Is there something radical about this?-
Yeah. The Section 1 of the 14th Amendment gives privileges and immunities to all citizens of the United States. If this gets in front of the Roberts Court you are guaranteed to hear about this.
- ArchPundit - Tuesday, Sep 2, 25 @ 4:26 pm:
====Yeah. The Section 1 of the 14th Amendment gives privileges and immunities to all citizens of the United States. If this gets in front of the Roberts Court you are guaranteed to hear about this.
By that argument there could be no instate tuition at all. States can give benefits to people who reside within their state and not others. C’mon. Think a little.
- JS Mill - Tuesday, Sep 2, 25 @ 4:33 pm:
I remember when the Department of Ed said it was sending education back to the states. It was like a week ago. Are you telling me they were lying?
Maybe @steve or @sue can help here?
- old guy - Tuesday, Sep 2, 25 @ 4:38 pm:
More DOJ malpracticing Law to Rule than Rule of Law.