Illinois State University said it will not appeal a federal court decision from southern Illinois that affects the cost of college for students who are undocumented immigrants.
The July 24 summary judgment invalidates in-state tuition rates for some students and some financial aid awards at universities and community colleges in Illinois. The federal government had challenged provisions of the laws known as the Acevedo Act, the Retention of Illinois Students and Equity [RISE] Act, and the Illinois DREAM Act Scholarship program.
“The Court DECLARES that the in-state tuition provisions, as amended by Public Act 103-0876, which are applicable to Illinois public universities … as applied to aliens who are not lawfully present in the United States, violate the Supremacy Clause and are unconstitutional and invalid,” wrote U.S. District Judge David Dugan, an appointee of President Trump.
ISU president Aondover Tarhule said Tuesday in an email to the campus community he understands the ruling may create uncertainty and concern and that ISU’s top priority is to support students as the university works through the details of the decision.
“We are currently consulting with our state officials and legal counsel to determine what this decision means for affected students and the university. Students and families need timely information to make decisions as the fall semester approaches. We are committed to communicating promptly with impacted students as additional guidance becomes available,” said Tarhule.
Judge Dugan paused his ruling for two weeks to give Illinois officials time to appeal. An ISU spokesperson said the university does not plan to appeal. WGLT has asked the Illinois Attorney General's Office whether it plans to pursue an appeal.
Other parties to the lawsuit include the state of Illinois, Gov. JB Pritzker, Attorney General Kwame Raoul, Southern Illinois University, the University of Illinois, Chicago State University, Eastern Illinois University, Northeastern Illinois University, the Illinois Student Assistance Commission, and the Illinois Dream Fund Commission.
Tarhule acknowledged the situation is difficult.
“We will continue to approach it with care, compassion, and a focus on supporting our students while meeting our legal obligations. We appreciate your patience, understanding, and support as we navigate this evolving situation together,” said Tarhule.
ISU declined to say how many students are potentially affected by the court decision. A spokesperson said even giving a number could help identify students and violate federal privacy laws.
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.
"We vigorously defended the law while also working with the General Assembly to maintain protections for our students. As a result of that work, the General Assembly amended the challenged statute, which goes into effect for the 2027-2028 school year," said Attorney General Kwame Raoul. "It is important to note the court’s order does not affect the amended statute."
Raoul said he is disappointed with the court’s ruling on the prior version of the statute but will comply with the court’s order.
"We will continue to work with schools and state agencies as they evaluate options," said Raoul.
