Case: United States v. Illinois

3:25-cv-01691 | U.S. District Court for the Southern District of Illinois

Filed Date: Sept. 2, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case.]

On September 2, 2025, the U.S. government sued the state of Illinois for providing postsecondary education benefits to undocumented immigrants. Allegedly, Illinois law classifies immigrants who are not lawfully present in the United States as “residents” of Illinois 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, who do not meet the residency requirements, must pay higher out-of-state tuition rates and do not qualify for certain other benefits.

Summary Authors

Claire Pollard (9/6/2025)

(9/29/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71250923/parties/united-states-v-state-of-illinois/


Judge(s)

Dugan, David Wayne (Illinois)

Sison, Gilbert Chester (Illinois)

Attorney for Plaintiff

McTague, Alexandra (Illinois)

Skedzielewski, Sean (Illinois)

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Documents in the Clearinghouse

Document
1-1

3:25-cv-01691

Exhibit A

Sept. 2, 2025

Sept. 2, 2025

Other
1

3:25-cv-01691

Complaint

Sept. 2, 2025

Sept. 2, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71250923/united-states-v-state-of-illinois/

Last updated Oct. 3, 2025, 7:51 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons State of Illinois, # 4 Summons Governor Pritzker, # 5 Summons Illinois AG Raoul, # 6 Summons Southern Illinois Univ, # 7 Summons Rend Lake College, # 8 Summons Univ of Illinois, # 9 Summons Chicago State Univ, # 10 Summons Eastern Illinois Univ, # 11 Summons Illinois State Univ, # 12 Summons Northeastern Illinois Univ, # 13 Summons ISAC, # 14 Summons Illinois Dream Fund Comm)(McTague, Alexandra) (Entered: 09/02/2025)

1 Exhibit A

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2 Civil Cover Sheet

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3 Summons State of Illinois

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4 Summons Governor Pritzker

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5 Summons Illinois AG Raoul

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6 Summons Southern Illinois Univ

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7 Summons Rend Lake College

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8 Summons Univ of Illinois

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9 Summons Chicago State Univ

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10 Summons Eastern Illinois Univ

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11 Summons Illinois State Univ

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12 Summons Northeastern Illinois Univ

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13 Summons ISAC

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14 Summons Illinois Dream Fund Comm

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Sept. 2, 2025

Sept. 2, 2025

Clearinghouse
2

NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Order 408. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 408, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: United States. A link regarding the magistrate judges in this district is attached for your convenience: https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf. All future documents must bear case number 3:25-cv-01691-GCS. Consent due by 9/23/2025 (eab) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

PACER
3

Summons Issued as to Chicago State University Board of Trustees, Eastern Illinois University Board of Trustees, Illinois, Illinois Dream Fund Commission, Illinois State University Board of Trustees, Illinois Student Assistance Commission, Northeastern Illinois University Board of Trustees, Governor Pritzker, Kwame Raoul, Rend Lake College Board of Trustees, Southern Illinois University Board of Trustees, University of Illinois Board of Trustees. Original summons sent to counsel for service. (eab) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

PACER
4

CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (McTague, Alexandra) (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

PACER
5

NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 408, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge David W. Dugan for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 3:25-cv-01691-DWD. (eab)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

PACER
6

NOTICE of Appearance by Sean Skedzielewski on behalf of All Plaintiffs (Skedzielewski, Sean) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

PACER
7

SUMMONS Returned Executed Board of Trustees for Southern Illinois University served on 9/12/2025, answer due 10/3/2025; Board of Trustees of Rend Lake College served on 9/15/2025, answer due 10/6/2025; JB Pritzker served on 9/12/2025, answer due 10/3/2025; Kwame Raoul served on 9/12/2025, answer due 10/3/2025; State of Illinois served on 9/12/2025, answer due 10/3/2025. (Attachments: # 1 Summons returned, # 2 summons returned, # 3 summons returned, # 4 summons returned)(kdw) Modified on 9/17/2025 (kdw). (Entered: 09/16/2025)

Sept. 16, 2025

Sept. 16, 2025

PACER
8

NOTICE OF MODIFICATION re 7 Summons Returned Executed regarding Board of Trustees of Rend Lake College. The incorrect service date was entered, which processed the incorrect answer date. The correct served date is 9/15/2025, answer due 10/6/2025. Document has been modified to reflect the correct dates. No further action is required by the filer in relation to this notification. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/17/2025)

Sept. 17, 2025

Sept. 17, 2025

PACER
10

Joint MOTION for Extension of Time to File Answer by All Defendants. (Kinkead, Darren) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

RECAP
9

NOTICE of Appearance by Darren Bernens Kinkead on behalf of All Defendants (Kinkead, Darren) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

RECAP

Order on Motion for Extension of Time to Answer

Oct. 1, 2025

Oct. 1, 2025

PACER
12

CJRA TRACK C assigned: Final Pretrial Conference set for 4/1/2027 at 10:00 AM and Bench Trial set for 4/12/2027 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 10/2/2025. (dmw2) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
13

ORDER. Scheduling Conference set for 11/5/2025 at 3:00 PM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. The Joint Report of the Parties is due on or before 10/29/2025 and shall be submitted via email to DWDpd@ilsd.uscourts.gov. The Parties are instructed to use the correct form for the Joint Report of the Parties which can be found attached to this Order. Signed by Judge David W. Dugan on 10/2/2025. (Attachments: # 1 JROP)(dmw2) (Entered: 10/02/2025)

1 JROP

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Oct. 2, 2025

Oct. 2, 2025

RECAP
14

CASE MANAGEMENT ORDER. Signed by Judge David W. Dugan on 10/2/2025. (dmw2) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Education

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Sept. 2, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Illinois, State

Public Illinois Universities, None

State Commissions, State

Governor J.B. Pritzker, State

Attorney General Kwame Raoul, State

Defendant Type(s):

Jurisdiction-wide

College/University

Facility Type(s):

Government-run

Case Details

Causes of Action:

State law

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

State Anti-Discrimination Law

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Source of Relief:

None yet

Issues

Discrimination Basis:

Immigration status

Immigration/Border:

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation