Zerohedge: Court Strikes Down Illinois "Illegal Immigrant" Tuition Benefits

Summary

A federal court has ruled that Illinois' laws granting education benefits to undocumented immigrants, including in-state tuition rates, violate federal law and are unconstitutional. The court sided with the Trump administration's argument that these laws, such as the Acevedo Bill, DREAM Act, and RISE Act, contravened Title 8 of the U.S. Code Section 1623. This federal statute prohibits states from offering postsecondary education benefits to undocumented immigrants unless those same benefits are available to all U.S. citizens, regardless of their state of residence. The ruling prevents Illinois from enforcing these provisions, which the court found treated undocumented immigrants more favorably than citizens from other states. This case is part of a broader initiative by the administration to challenge similar state-level benefits across the country, with lawsuits already filed or injunctions secured in several other states. The court's decision emphasizes the federal government's authority to set eligibility criteria for such benefits, rejecting Illinois' defense based on the Tenth Amendment's anticommandeering doctrine. This detailed analysis is valuable for understanding the legal landscape surrounding immigration and education policy.