SPRINGFIELD, Ill. (WAND) — Illinois House Democrats passed legislation Thursday to allow undocumented immigrants to pay in-state tuition at public universities. This comes seven months after the Trump administration filed a lawsuit aimed at blocking the state from lowering the cost of college for undocumented immigrants.

Democrats believe immigrant, first generation and marginalized students should not be left behind because of where they were born. However, the Justice Department said Illinois unconstitutionally discriminates against US citizens who are not afforded the same reduced tuition rates or scholarships.

Former US Attorney General Pam Bondi filed the complaint in the Southern District of Illinois against Gov. JB Pritzker, Attorney General Kwame Raoul and the boards of trustees of state universities.

Now, Rep. Barbara Hernandez (D-Aurora) hopes her plan can bring Illinois into compliance with federal requirements and allow students to have equitable access.

"As we’ve seen, it’s harder to become a permanent resident, especially for those who are DACA recipients," Hernandez said. "There is no path at the moment from the federal government."

House Bill 5093 would require university boards to treat undocumented students as Illinois residents if they attended a public or private high school in the state and graduated from the high school or received a GED. The plan also states eligible students must attend an Illinois high school for three years before graduating and register as entering students at a community college no earlier than the fall 2026 semester.

Students who are not citizens or permanent residents of the United States would be required to provide the community college with an affidavit stating they will file an application to become a permanent resident as soon as possible.

"It seems like we should just limit it to US citizens or permanent residents without having this affidavit of intent to apply," said Rep. Patrick Windhorst (R-Metropolis).

The proposal passed out of the House on a partisan 71-37 vote and currently sits in the Senate Assignments Committee. 

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