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

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Case Summary

This lawsuit, filed by the Trump administration via the Department of Justice, challenged Illinois statutes that allow certain non-citizens not lawfully present in the United States to be treated as state residents for post-secondary purposes - primarily in-state tuition rates and other education benefits unavailable to out-of-state U.S. citizens. The complaint was filed on September 2, 2025 in the U.S. District Court for the Southern District of Illinois against the State of Illinois, state of…

This lawsuit, filed by the Trump administration via the Department of Justice, challenged Illinois statutes that allow certain non-citizens not lawfully present in the United States to be treated as state residents for post-secondary purposes - primarily in-state tuition rates and other education benefits unavailable to out-of-state U.S. citizens. The complaint was filed on September 2, 2025 in the U.S. District Court for the Southern District of Illinois against the State of Illinois, state officials including Governor J.B. Pritzker, and governing entities for several State universities. The complaint focused on Illinois's resident-tuition provisions and financial aid eligibility rules (including the RIS Act, 110 ILCS 986, and related ISAC/DREAM Fund provisions in 110 ILCS 947) to the extent they apply to non-citizens who are not lawfully present. 

The U.S. Department of Justice alleged that these codes violate 8 U.S.C. §1623(a), which provides: 

Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any post-secondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.

The DOJ requested that the court declare the provisions unlawful as applied to unlawfully present non-citizens, along with a permanent injunction barring their enforcement. The case was assigned to District Judge David W. Dugan.

After a lapse in appropriations, the United States moved on October 10, 2025 to stay upcoming deadlines (the meet-and-confer, joint report, and scheduling conference). On October 15, the court granted the stay and directed the government to move to lift it once funding was restored. On October 29, 2025, the court canceled the November 5 conference and stated it would reset the conference after the stay lifts.

On December 10, 2025, District Judge Dugan adopted the parties' proposed briefing schedule, stayed the case pending resolution of the dispositive motions, and canceled the December 17, 2025 scheduling conference. The court also scheduled oral argument on the motions for May 5, 2026.

This case is ongoing.

Summary Authors

Claire Pollard (9/6/2025)

Clay Canady (11/1/2025)

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)

Attorney for Defendant

Kinkead, Darren Bernens (Illinois)

show all people

Documents in the Clearinghouse

Document
1

3:25-cv-01691

Complaint

Sept. 2, 2025

Sept. 2, 2025

Complaint

2025 WL 2524028

1-1

3:25-cv-01691

Exhibit A

Sept. 2, 2025

Sept. 2, 2025

Other
10

3:25-cv-01691

Stipulation and Joint Motion to Set a Uniform Deadline for all Defendants to File a Consolidated Response to the Complaint

Oct. 1, 2025

Oct. 1, 2025

Pleading / Motion / Brief
15

3:25-cv-01691

Motion to Stay Deadlines Due to Lapse in Appropriations

Oct. 10, 2025

Oct. 10, 2025

Pleading / Motion / Brief
18

3:25-cv-01691

Defendants' Motion to Dismiss

United States of America v. State of Illinois

Nov. 14, 2025

Nov. 14, 2025

Pleading / Motion / Brief
23

3:25-cv-01691

Stipulation and Joint Motion

United States of America v. State of Illinois

Dec. 8, 2025

Dec. 8, 2025

Pleading / Motion / Brief

Docket

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

Last updated Dec. 27, 2025, 1:06 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

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

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

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

6

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

Sept. 10, 2025

Sept. 10, 2025

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

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

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
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

Clearinghouse
11

ORDER GRANTING 10 Joint Motion for Extension of Time to Answer: For the reasons stated, the Motion is GRANTED. Defendants shall file a consolidated response to the complaint on or before November 14, 2025. Signed by Judge David W. Dugan on 10/1/2025. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

Order on Motion for Extension of Time to Answer

Oct. 1, 2025

Oct. 1, 2025

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

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

15

MOTION to Stay discovery conference deadlines by All Plaintiffs. (McTague, Alexandra) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

Clearinghouse
16

ORDER GRANTING 15 Motion to Stay. The USA has moved this Court to stay this case due to a lapse in appropriations and federal government shutdown. The 15 Motion to Stay is GRANTED. The USA is DIRECTED to file a motion to lift this stay once its funding is restored by Congress. Signed by Judge David W. Dugan on 10/15/2025. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/15/2025)

Oct. 15, 2025

Oct. 15, 2025

Order Staying Case AND ~Util - Terminate Motions

Oct. 15, 2025

Oct. 15, 2025

17

NOTICE OF CANCELLATION of Hearing: The Scheduling Conference set for 11/5/2025 is CANCELLED and will be reset at a later date, after the stay is lifted. (dmw2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

18

MOTION to Dismiss for Failure to State a Claim by All Defendants. (Kinkead, Darren) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

Clearinghouse
19

MOTION to Lift Stay and reset deadlines by All Plaintiffs. (McTague, Alexandra) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

RECAP
20

ORDER GRANTING 19 MOTION TO LIFT STAY: On October 15, 2025, this matter was stayed due to a lapse in appropriations and the federal government shutdown. Congress appropriated funds on the evening of November 12, 2025. Accordingly, the USA has filed a motion to lift the previously imposed stay and to reinstate deadlines. The motion is GRANTED. The stay is LIFTED. The Court will set a scheduling conference and provide a deadline for submitting the Parties Joint Report by separate order. Signed by Judge David W. Dugan on 11/19/2025. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/19/2025)

Nov. 19, 2025

Nov. 19, 2025

21

NOTICE of Hearing: Scheduling Conference set for 12/17/2025 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 12/10/2025 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 the Order at Doc. 13. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/19/2025)

Nov. 19, 2025

Nov. 19, 2025

Order Lifting Stay

Nov. 19, 2025

Nov. 19, 2025

22

NOTICE of Appearance by Aleeza M. Strubel on behalf of All Defendants (Strubel, Aleeza) (Entered: 11/20/2025)

Nov. 20, 2025

Nov. 20, 2025

23

Joint MOTION to Set Briefing Schedule on Cross-Dispositive Motions and for Other Relief by All Defendants. (Kinkead, Darren) (Entered: 12/08/2025)

Dec. 8, 2025

Dec. 8, 2025

RECAP
24

ORDER STAYING CASE and granting 23 Joint MOTION to Set Briefing Schedule on Cross-Dispositive Motions and for Other Relief filed by Defendants. The Court adopts the parties' proposed dispositive-motion briefing schedule. This case is otherwise STAYED pending resolution of the parties' dispositive motions. The Scheduling Conference set for 12/17/2025 is CANCELLED. Signed by Judge David W. Dugan on 12/10/2025. (dmw2) (Entered: 12/10/2025)

Dec. 10, 2025

Dec. 10, 2025

25

ORDER Setting Hearing on Motion 18 MOTION to Dismiss for Failure to State a Claim : Motion Hearing set for 5/5/2026 at 10:00 AM in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 12/10/2025. (dmw2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/10/2025)

Dec. 10, 2025

Dec. 10, 2025

Order Setting Hearing on Motion

Dec. 10, 2025

Dec. 10, 2025

Case Details

State / Territory:

Illinois

Case Type(s):

Immigration and/or the Border

Education

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: Sept. 2, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States (Department of Justice, Civil Division, Office of Immigration Litigation)

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

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):

College/University

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

All Writs Act, 28 U.S.C. § 1651

Declaratory Judgment Act, 28 U.S.C. § 2201

State Anti-Discrimination Law

State law

Constitutional Clause(s):

Supremacy Clause

Other Dockets:

Southern District of Illinois 3:25-cv-01691

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination Basis:

Immigration status

Immigration/Border:

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation