Rising college costs have reached historic levels. According to the Education Data Initiative, today’s average annual tuition at public colleges and universities is forty times greater than it was in 1963. This is a 312.4% increase, even after adjusting for inflation (Hanson, 2025). Because college and university costs are rising, students struggle to afford and attain a higher education.
Undocumented students, in particular, face many barriers to attending college (Ballerini & Feldblum, 2021). Even though many undocumented students are academically prepared, they often struggle to secure financial support to enroll (Hsin & Reed, 2020). This is because undocumented students, including those who receive DACA (Deferred Action for Childhood Arrivals), are not eligible for federal financial aid. Some state and institutional grants are also unavailable to these students due to their immigration status.
An important policy that can alleviate some of these financial struggles for undocumented students, Illinois House Bill 460, signed into law by Governor Pritzker in August 2025, expands eligibility for state financial aid. Starting January 1, 2026, this law will let more students, including undocumented students, apply for scholarships, grants, and tuition waivers from state and public universities (Legislative Information System, 2024). The new law aims to make it as easy as possible for students who have lived and attended school in Illinois to obtain financial support for college at both two- and four-year institutions. It also prevents state agencies from imposing new limits on specific grants, such as the Monetary Award Program (MAP) (Illinois Student Assistance Commission, 2025b), unless those limits are already part of state law (Flyer, 2025).
With HB 460, Illinois has made critical strides to support undocumented students in higher education by offering state-funded financial aid, a decision rooted in the state’s long-held right to set its own rules for who qualifies as a resident (State of Illinois, 2025). However, despite this policy’s progress, on September 2, 2025, the U.S. Department of Justice filed a lawsuit against the state of Illinois in the U.S. District Court for the Southern District of Illinois (Flyer, 2025). The lawsuit claims that Illinois has laws that allow undocumented students to pay lower, in-state tuition, and that it gives undocumented students scholarships and tuition discounts that not all U.S. citizens receive (Flyer, 2025).
However, as stated in HB 460, eligibility for state aid is not based on immigration status but on residency, as is the case with in-state tuition across the country (Serna et al., 2017). Studies also show that offering in-state tuition or financial aid does not encourage undocumented migration, mainly since students must have attended Illinois schools for years to qualify (Flores, 2010). In addition, increasing access and opportunities for undocumented students does not reduce access or opportunities for U.S. citizens. HB 460 does not ensure financial aid for every undocumented applicant. Undocumented students, like all others, must apply for financial assistance, and the MAP grant criteria for grade level and family income will continue to apply equally to all students, regardless of immigration status.
Undocumented students are not taking opportunities away from U.S. citizens or receiving any discounts, as they are held to the same financial aid standards, including MAP grant requirements (Illinois Student Assistance Commission, 2025a). Therefore, HB 460 also doesn’t create special privileges or advantages for undocumented students. Instead, it acknowledges a simple truth: many undocumented students have grown up in Illinois, attended local schools, paid taxes, and are deeply woven into the fabric of their communities, and they deserve the opportunity to access higher education (Flores, 2010).
Some critics of HB 460 also argue that this policy drains taxpayers, but the facts tell a different story. Decades of research are clear: college graduates earn more, pay more in taxes, and rely less on public assistance (Ma et al., 2025; Tamborini et al., 2015). When states invest in higher education, everyone benefits with stronger economies, a more resilient workforce, and higher state revenues (Schanzenbach et al., 2017; Tarver, 2025). Research finds that the benefits of HB 460 outweigh the disadvantages that the U.S. Department of Justice and additional critics claim. As such, HB 460 significantly advances Illinois's future, ensuring that every resident educated in the state can give back and help Illinois thrive, regardless of immigration status.
References
Ballerini, V., & Feldblum, M. (2021). Immigration Status and Postsecondary Opportunity: Barriers to Affordability, Access, and Success for Undocumented Students, and Policy Solutions. The American Journal of Economics and Sociology, 80(1), 161–186. https://doi.org/10.1111/ajes.12380
Flores, S. M. (2010). State dream acts: The effect of in-state resident tuition policies and undocumented Latino students. The Review of Higher Education, 33(2), 239–283. https://doi.org/10.1353/rhe.0.0134
Flyer, T. (2025, September 22). The HB 460 Controversy. The Flyer. https://thelewisflyer.com/the-hb-460-controversy/
Hanson, M. (2025, November 26). College Tuition Inflation Rate. Education Data Initiative. https://educationdata.org/college-tuition-inflation-rate
Hsin, A., & Reed, H. E. (2020). The Academic Performance of Undocumented Students in Higher Education in the United States. International Migration Review, 54(1), 289–315. https://doi.org/10.1177/0197918318825478
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