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The legislation, House Bill 1593, would adjust residency
requirements tied to in-state tuition at public colleges and
universities. While the bill does not explicitly reference
immigration status, Niemerg argued that its practical effect
would be to make it easier for undocumented individuals to
qualify.
“They’re not going to explicitly say this is a program for
illegal immigrants,” Niemerg said. “It’s a workaround in order
to receive that benefit.”
Under current law, students typically must attend high school or
community college in Illinois while living in the state to
qualify for in-state tuition. Niemerg said the proposal would
instead allow individuals to establish residency over a set
period, which he believes opens the door for broader
eligibility.
“This just makes it to where illegal immigrants can declare
residency and then receive in-state tuition,” he said. “It’s
another benefit being offered.”
Niemerg, who serves as a Republican spokesman on immigration
issues, also argued the policy creates inequities for U.S.
citizens living in neighboring states like Indiana or Missouri,
who generally do not qualify for in-state tuition at Illinois
institutions.
“You have students from Indiana who are citizens of this country
who can’t get in-state tuition,” he said. “But someone here
illegally can.”
The lawmaker tied the proposal to broader immigration policies
in Illinois, including sanctuary state and city designations,
and estimated billions in state spending related to immigration
services. He also questioned whether the residency changes could
extend beyond undocumented immigrants.
“One question we’re looking into is whether foreign nationals
could use this same pathway,” Niemerg said.
Supporters of expanding tuition access have argued such measures
can help stabilize enrollment.
“This could be used to attract students from neighboring states
and boost our universities,” he said. “But that’s not what’s
being done here.”
House Bill 1593 passed the House and awaits a committee
assignment in the Senate.
Bill sponsors state Rep. Aaron Ortiz, D-Chicago, and state Rep.
Barbara Hernandez, D-Aurora, did not immediately respond to
requests for comment.
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