On Sept. 2, 2025, the U.S. Department of Justice filed a complaint in the U.S. District Court for the Southern District of Illinois, against the state of Illinois. This complaint includes statements from Governor J. B. Pritzker, the attorney general and university boards.
The complaint alleges that the State of Illinois contains laws that grant in-state tuition and state-administered financial aid to undocumented students violating federal immigration law. The complaint made by the DOJ argues that Illinois laws allow “aliens who maintain Illinois residency, regardless of whether they are lawfully present,” which would grant them access to scholarship and in-state tuition—benefits that are not available to all U. S. citizens.
The Illinois House Bill 460, signed into law in August 2025 by Gov. J.B. Pritzker, a measure that expands access to state financial aid for Illinois residents who are not eligible for federal student assistance. The law, which will take effect January 1, 2026, amends the state’s Retention of Illinois Students and Equity Act to allow a wider group of students, including undocumented immigrants, to apply for scholarships, grants and tuition waivers offered by the state and public universities.
Under the new law, eligibility rules for financial aid must be interpreted in the broadest possible way, making it easier for students who have lived and attended school in Illinois to receive assistance when going into their higher education. The law also prevents state agencies from placing caps on the Monetary Award Program (MAP) or other forms of grant aid, unless those caps are already set by existing state law. On the other side, academic performance and income requirements remain unchanged.
Tyler King, the Executive Director of International Affairs for the Department of The Office of International Student and Global Scholar Services (ISGSS), explained that “this lawsuit will not effect Lewis University students because it is focused on public state-funded institutions in Illinois. As a Private university, we do not rely on state tax-funded support, which was at the center of the lawsuit. So, regardless of the outcome of the lawsuit, it will have no bearing on private institutions within Illinois.”
King goes on to explain that ISGSS has been closely monitoring any proposed or effected policy changes that may affect the students of the Lasallian community. “There have recently been a wide variety of governmental policy changes originating from the US State Department and from the Department of Homeland Security which do affect our international student population, and our ISGSS office remains committed to clear communication and support to our students as well as implementing any necessary compliance regulations to ensure our international students can legally remain in the united states and focus on their education ” King explained.
While private institutions such as Lewis University remain unaffected, the broader debate highlights the ongoing tension between state initiatives and federal policy when it comes to access to education. Ultimately, the court’s decision will shape not only the future of undocumented students in Illinois but also the boundaries of state authority in addressing higher education access.
