(The Center Square) – An Illinois Republican lawmaker is applauding a federal judge’s decision to strike down state laws allowing some students in the U.S. illegally to qualify for in-state tuition, state financial aid and scholarships, calling the ruling a step toward prioritizing U.S. citizens.
U.S. District Judge David Dugan ruled Illinois’ policies conflict with federal law, which prohibits states from providing postsecondary education benefits to individuals in the country unlawfully based on state residency unless the same benefits are available to U.S. citizens.
State Rep. Adam Niemerg, R-Dieterich, who serves on the Illinois House Immigration and Human Rights Committee, said he supports the decision and argued the state’s policies unfairly benefited students in the country illegally over citizens.
“I think it’s a great step. It’s a step in the right direction, and I’m very happy it happened,” Niemerg told The Center Square.
Niemerg said he opposed the legislation when it came before the General Assembly, arguing it created an imbalance in tuition costs.
“Illegal immigrants can pay less on their tuition than kids that are trying to go to college that are citizens of the United States of America,” Niemerg said.
The judge’s ruling centered on whether Illinois law conflicted with federal immigration law. Niemerg said he agreed with the court’s reasoning.
“It’s nice to see a federal judge rule the proper way on an immigration issue,” Niemerg said. “We’re dealing with folks that are here illegally. They’re here without citizenship, and they’re reaping taxpayer benefits from folks that are here trying to work, raise a family and pay taxes.”
Supporters of Illinois’ policies argue the laws expanded access to higher education for students who grew up in Illinois and graduated from state high schools. Critics of the ruling warn it could reduce college access and enrollment.
Niemerg rejected those concerns, saying colleges should not rely on students who are in the country illegally to maintain enrollment numbers.
“We shouldn’t be relying on foreign citizens of other countries to boost our tuition rates,” he said. “To give them in-state tuition rates over other citizens of this country is just dead wrong.”
Niemerg said he is unsure whether Gov. J.B. Pritzker’s administration will appeal the decision but believes the ruling will stand.
“We’ll see what the state decides to do,” Niemerg said. “But ultim
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