SPRINGFIELD, Ill. (WAND) — Rep. Mary Miller is celebrating a federal ruling stating Illinois laws helping undocumented immigrants receive in-state tuition and financial aid are unconstitutional. Yet, Gov. JB Pritzker signed a separate plan into law last month to protect college access for undocumented immigrants and other groups.

Miller said Friday's ruling is a win for Illinois taxpayers and American students who were "shut out" while Pritzker prioritized "foreigners in our country illegally."

However, the governor's office told WAND News Monday all Illinoisans deserve a fair shot to obtain an education. Spokesperson Andres Correa stressed Pritzker remains dedicated to expanding college access, affordability and opportunity for students, including DACA recipients in Illinois, regardless of their skin color or where they were born.

In fact, a new law allows immigrant, first-generation and marginalized students to receive in-state tuition despite the Trump administration claiming Illinois discriminates against US citizens who are not afforded the same reduced tuition rates or scholarships.

"We lose 50% of our students already; it's actually slightly above 50%, to out-of-state colleges and universities," said Sen. Jason Plummer (R-Edwardsville). "Legislation like this will only increase that number. It will push more of our young minds to other states."

Still, Democrats said the law will create equity and ensure all students have the same opportunity to earn a college degree.

"Individuals who graduated from an Illinois high school may be deemed an Illinois resident for tuition purposes regardless of whether they established residency outside of the state before enrolling at an Illinois institution of higher education," said Sen. Celina Villanueva (D-Chicago). "This is a good bill."

House Bill 5093 received partisan votes in both chambers and took effect June 26.

The Pritzker administration and Illinois Attorney General's office said they are reviewing the court's ruling and evaluating all options for the DREAM and RISE Acts.

"This lawsuit represents another example of the Trump administration's constant bigotry and targeted cruelty towards the hardworking immigrant students and families that strengthen America's workforce and economy," Correa said. 

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