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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.
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