Illinois faces federal lawsuit over minority-exclusive scholarship program

The American Alliance for Equal Rights recently filed a federal civil rights lawsuit to end Illinois’ racially-classified scholarships

The American Alliance for Equal Rights filed a complaint in the United States District Court for the Central District of Illinois on Oct. 22, seeking a prohibitory injunction against the Minority Teachers of Illinois Scholarship Program.

The lawsuit argues that the program is “demeaning, patronizing, un-American, and unconstitutional.”

[RELATED: U of Vermont offers potentially-illegal race-restricted scholarship to ‘BIPOC,’ ‘POC’ applicants]

Since the passage of Illinois’ 1992 Higher Education Student Assistance Act, the Minority Teachers of Illinois Scholarship Program has exclusively assisted Black, Native American, Asian, and Hispanic students who are enrolled in an Illinois institution of higher education and intend to become K-12 educators in the state.

Although initially passed in order to “alleviate the teacher shortage crisis in this State,” the plaintiff observes that the program is failing to fulfill this purpose.

“Illinois is facing a worsening teacher shortage. With over 90% of Illinois schools reporting a “serious” or “very serious” teacher shortage,” the complaint states. “Such blatant race-based discrimination against individuals who could otherwise contribute to a robust teacher pipeline in Illinois serves no compelling government purpose.”

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“The government should not be imposing these sorts of definitions of racial and ethnic categories,” plaintiff attorney Samantha R. Romero of the Pacific Legal Foundation said in a statement to Campus Reform. She further cited Students for Fair Admissions v. Harvard as an example of the unconstitutional use of racial classifications being struck down.

Represented by the plaintiff is a member of the AAER designated in the complaint as “Member A,” an Illinois student who will meet every criterion, save that of racial classification, in the spring of 2025. If the plaintiff receives the prohibitory injunction it seeks, the state of Illinois will be barred from considering race in awarding the scholarship, making Member A eligible for up to $7,500 a year in assistance under the program. 

Romero is confident in the lawsuit’s chances of success.

“This is something that is pretty cut and dry at this point,” she told Campus Reform. “It should be resolved on summary judgment. The facts are pretty plain right there on statute.”

The Illinois Student Assistance Commission, which administers the scholarship, declined to comment on the pending litigation.