(The Center Square) – A Lake County Moms for Liberty leader who appeared in a recent documentary examining foreign student enrollment at Illinois universities is praising a federal court ruling against the state’s tuition benefits for certain undocumented students, as a separate Illinois law set to take effect next academic year could bring renewed scrutiny to the state’s higher education policies.
Marsha McClary, chair of the Lake County chapter of Moms for Liberty, said the July ruling is a step toward protecting taxpayers and prioritizing Illinois students seeking admission to public universities.
“I think it’s a great step in the right direction in setting these precedents because it’s a message that these type of things are not something that is going to be tolerated, especially when we’re talking about taxpayer money,” McClary told The Center Square.
McClary said her concerns extend beyond financial aid, arguing Illinois students face competition for admission to public universities while taxpayers subsidize educational benefits for students who are not lawfully present in the country.
“The biggest ones [concerns] are, first of all, it’s taxpayer money and it should really be going to the residents of Illinois’ needs,” McClary said.
She added that some Illinois students with strong academic records have struggled to gain admission to competitive programs at the University of Illinois, while the state has provided tuition incentives to other students.
McClary appeared in a documentary produced by political commentator Steve Cortes and his team examining foreign student enrollment at Illinois universities, particularly the University of Illinois.
She said the documentary focused on concerns about international enrollment, including students from China, and opportunities for Illinois residents seeking admission.
The documentary’s broader focus on international enrollment is separate from the federal lawsuit, which specifically challenged benefits for students not lawfully present in the United States.
In July, U.S. District Judge David Dugan ruled Illinois violated federal law by allowing certain undocumented students to receive in-state tuition and state financial aid.
The decision followed a challenge by the U.S. Department of Justice under a 1996 federal law prohibiting states from offering certain residency-based higher education benefits to undocumented immigrants unless the same benefits are available to U.S. citizens regardless of residency.
Dugan ruled the challenged provisions violated the Constitution’s Supremacy Clause and permanently barred state officials from enforcing them for students not lawfully present in the country.
The ruling effects provisions of Illinois’ in-state tuition laws, the Retention of Illinois Students and Equity Act, commonly known as the RISE Act, and the Illinois DREAM Act.
