The Southern Illinois University (SIU) System is among several Illinois universities facing a lawsuit from the Trump administration for allowing immigrants to pay in-state tuition.
The federal complaint argues that immigrants—referred to as “aliens”—should not receive in-state tuition benefits if out-of-state U.S. citizens do not also have that option.
“Illinois law classifies aliens who are not lawfully present in the United States as ‘residents’ under certain conditions, making them eligible for reduced tuition for public state colleges and other post-secondary education benefits, while U.S. citizens and nationals from other states must pay higher out-of-state tuition rates,” the complaint states.
Currently, all universities within the SIU System charge the same undergraduate tuition regardless of residency status. At Southern Illinois University Edwardsville (SIUE), students from all 50 states pay in-state tuition, while international students are charged more. Southern Illinois University Carbondale (SIUC) charges the same rate to all undergraduates but applies out-of-state graduate tuition rates at 2.5 times the undergraduate rate.
According to SIUC’s website, immigrants must provide documentation to qualify for in-state tuition. Domestic students include those from U.S. states and territories, permanent residents, individuals with temporary protected status or asylum, and holders of H4 or K4 visas.
Undocumented students may be considered domestic for tuition purposes if they file a completed affidavit, provide an official U.S. high school transcript showing graduation or GED completion, and have at least three years of attendance at a U.S. high school while living with a parent or guardian.
“A person who is not a U.S. citizen but meets and complies with all applicable requirements may establish residency unless the person holds a visa that explicitly prevents an intent to reside in the U.S.,” the SIUC website states.
The complaint calls these policies “discrimination against Americans” and “a blatant and ongoing violation of federal law.”
Other universities named in the lawsuit include Rend Lake College, the University of Illinois, Chicago State University, Eastern Illinois University, Illinois State University and Northeastern Illinois University.
The SIU Board of Trustees declined to comment. “The university does not comment on pending legal matters,” John Charles, Executive Director of Government and Public Affairs, said in an email.
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