A federal judge permanently blocked Illinois laws allowing certain undocumented students to pay in-state tuition rates and access state scholarships and aid, ruling the policies unconstitutional. U.S. District Judge David Dugan found the Illinois statutes conflict with a federal immigration statute that restricts educational benefits based on state residency unless U.S. citizens or nationals are also eligible. The ruling represents another DOJ win after similar challenges led to invalidation of in-state tuition policies in Texas, Kentucky, Oklahoma, and Nebraska. In Illinois, prosecutors say the state sought to incentivize “illegal immigration on the taxpayer’s dime,” while state officials said they are reviewing options after the decision. Separately, the DOJ also sued Colorado over its in-state tuition eligibility for undocumented students under a 2013 law with residency requirements and pathways like attending Colorado high school. Associate Attorney General Stanley E. Woodward Jr. argued the policy violates federal law by extending lower tuition and state aid that are not available to out-of-state U.S. citizens, escalating a broader federal effort toward uniform eligibility rules.
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