Springfield, IL (WAND) – The Trump administration filed a lawsuit Tuesday to block Illinois from providing in-state tuition and financial aid to undocumented immigrants. However, Democrats argue that immigrant, first-generation and marginalized students should not be left behind because of where they were born.

The Justice Department said Illinois’ laws unconstitutionally discriminate against U.S. citizens, who are not afforded the same reduced tuition rates or scholarships. Attorney General Pam Bondi filed a complaint in the Southern District of Illinois against Gov. JB Pritzker, Attorney General Kwame Raoul and the boards of trustees of state universities seeking to enjoin Illinois from enforcing the laws and bring them into compliance with federal requirements.

This comes less than a month after Pritzker signed a plan into law to ensure any student living in the state can be considered for financial aid options.

“If a local government offers a scholarship through an alderman or something, this will open up the ability,” said Rep. Barbara Hernandez (D-Aurora). “It’s not a requirement for local governments to offer a scholarship. It’s just if they have the program, they can’t exclude anyone.”

The new law will expand the state’s Retention of Illinois Students and Equity, or RISE Act, which provides access to state-funded financial aid for undocumented immigrants.

Democrats passed the RISE Act in 2019, but the Trump administration is trying to ban universities from following a law that received strong bipartisan support over 20 years ago.

Although Republicans in both chambers stress that Democrats have gone too far.

“In an era when families are struggling in the state under the highest tax burden in the country, for us to make excuses for males who want to shirk their duty to this nation and to folks who aren’t even citizens of this country, I find it pretty deplorable,” said Sen. Jason Plummer (R-Edwardsville).

Sponsors said higher education should be a door that opens, instead of shutting students out because of bureaucracy.

“There are a lot of undocumented individuals who are serving in our armed services in the United States of America,” said Sen. Celina Villanueva (D-Chicago). “Yes, oftentimes they do so in hopes that they will get access to citizenship or legal permanent residency. But oftentimes, they don’t, and they’re still put in really horrible situations.”

House Bill 460 passed out of the House on a partisan 70-40 vote. The law received a partisan 34-18 vote in the Senate. It is set to take effect on Jan. 1.

Meanwhile, Rep. Regan Deering (R-Decatur) has filed a bill to ban preferential treatment for noncitizens attending public universities. Her plan could ensure noncitizens are unable to receive better tuition or financial aid than U.S. citizens.

“College costs are high, aid dollars are limited and families expect their tax dollars to be used fairly,” Deering said. “The Justice Department made it clear—Illinois can’t tilt the playing field toward illegal immigrants. My bill restores equal treatment, so no illegal immigrant gets a better deal than any American student, period.”

Deering has gained seven Republican co-sponsors for House Bill 4097, but it is highly unlikely that the Democratic supermajority will allow the bill to move out of the House Rules Committee.