Thousands of immigrant students who attended high school in Illinois may soon have to pay more expensive out-of-state tuition rates for college — a change that could jeopardize their access to higher education.
On July 24 a federal judge appointed by President Donald Trump struck down parts of three Illinois laws that allowed eligible undocumented students to pay in-state tuition rates at community colleges and public universities and to receive state financial aid.
Judge David Dugan of the Southern District of Illinois sided with the U.S. Department of Justice in its argument that these provisions violate federal law because they grant a benefit to non-citizens who live in state that citizens who live out of state cannot get.
The state law concerning in-state tuition had been on the books for more than two decades. To qualify for the benefit, students must have attended an Illinois high school for at least three years, among other criteria.
Dugan paused the implementation of the ruling for two weeks to allow state officials time to appeal, but it is unclear if they will do so. Immigrant rights groups like the Illinois Coalition for Immigrant and Refugee Rights worry an appeal could overturn in-state tuition policies for undocumented students across the country. Already, Illinois State University, one of the defendants in the case, has decided not to challenge the decision, WGLT reported.
The Illinois Coalition for Immigrant and Refugee Rights estimates that 7,000 to 10,000 undocumented students “could lose vital educational support for the upcoming academic year as a direct result of this ruling,” the organization’s deputy director, Veronica Castro, said in a statement. “Families will have to make difficult financial decisions and enrollment rates may take a hit, which is a huge setback for our communities.”
Veronica Castro, deputy director at Illinois Coalition for Immigrant and Refuge Rights, speaks during a press conference in 2021. The organization estimates that 7,000 to 10,000 undocumented students could lose support in the upcoming school year due to the federal court ruling.
Pat Nabong/Sun-Times file
Peggy Heinrich, president of Elgin Community College, said the ruling removes “a critical source of aid” that’s allowed undocumented students “to receive education and become productive, contributing members in our society.”
The community college is a federally designated Hispanic Serving Institution and more than half of its students identify as Hispanic or Latino.
Heinrich said her college and others across Illinois are looking to state officials for guidance about what the ruling means.
“We have to comply, so we are trying to do the best we can to make sure our students understand what resources may be available to them, or what we can do in terms of our college’s payment plan options,” Heinrich said.
Nearly 25,000 students at colleges and universities in Illinois are undocumented, according to the Higher Ed Immigration Portal, which tracks immigrant student enrollment data across the country.
At many colleges, the difference between in-state and out-of-state tuition is substantial. At the University of Illinois Chicago, out-of-state tuition is nearly triple the price of in-state tuition for full-time undergraduate students.
The University of Illinois System, which oversees UIC, the University of Illinois Springfield and the University of Illinois Urbana-Champaign, told students in an email on Aug. 3 that university administrators are working with state officials and lawyers to assess the implications of the ruling.
“Our immediate priority is to provide accurate information and offer timely guidance and support as additional details become available,” administrators wrote.
Already, the application that undocumented students across Illinois would have submitted to receive state financial aid, known as the Alternative Application for Illinois Financial Aid, is no longer available.
“This means that students who have submitted or planned to submit the 2026-27 Alternative Application, such as Illinois undocumented students, cannot be considered for this program for the 2026-27 school year,” a notice about the ruling from the Illinois Student Assistance Commission reads.
An estimated 2,150 undocumented students received state financial aid through one of the agency’s programs for the 2025-2026 school year, a spokesperson said. That includes MAP grants for students with low income.
The Illinois Coalition for Immigrant and Refugee Rights advised students to save copies of their financial aid award letters, tuition bills and communication from their college or university and to consult with their academic advisors or financial aid or admissions officers.
The organization is hosting an information session for students and families about the ruling on Facebook Live at 5:30 pm on Wednesday, Aug. 12 in collaboration with the Latino Policy Forum.
Lisa Kurian Philip covers higher education for WBEZ in partnership with Open Campus.