United States Attorney Weinhoeft Announces Federal Court Victory Over Unconstitutional Illinois Sanctuary State Policy

EAST ST. LOUIS, Ill. - United States Attorney Steven D. Weinhoeft today announced that the United States District Court for the Southern District of Illinois has ruled in favor of the United States in its lawsuit against the State of Illinois, Governor J.B. Pritzker, and multiple state entities.

The Court denied the State's motion to dismiss and granted the United States' cross-motion for summary judgment declaring that Illinois' in-state tuition rules for public universities and community colleges, the RISE Act, and the Illinois DREAM Act are "unconstitutional and invalid" under the Supremacy Clause as applied to aliens not lawfully present.

"Illinois sought to incentivize illegal immigration on the taxpayer's dime by treating illegal aliens better than U.S. citizens living in other states, in clear violation of federal law," said U.S. Attorney Steven D. Weinhoeft. "This ruling enforces the statute Congress wrote and stops the State from putting illegal aliens ahead of American citizens."

Federal law is clear. Under 8 U.S.C. § 1623(a), a state may not grant postsecondary education benefits to illegal aliens on the basis of residence in that state unless it makes the exact same benefit available to every United States citizen and national, without regard to where they live. Illinois chose to give preferential treatment based on residence to people here illegally. It did not extend that same treatment to American citizens who live outside Illinois. That preference is illegal.

In September 2025, the Department of Justice filed suit to stop these policies. The Court held oral argument on May 5, 2026. It has now permanently enjoined the State and the named university and college boards from enforcing the challenged provisions against aliens not lawfully present. The injunction is stayed for 14 days to permit the defendants to seek a stay pending appeal.

The case was brought by the U.S. Attorney's Office for the Southern District of Illinois and the U.S. Department of Justice's Civil Division.