Federal Judge Ends Nebraska In-State Tuition for Undocumented Students as National Immigration Fight Expands
A federal judge has struck down Nebraska’s nearly 20-year-old policy allowing certain undocumented students to qualify for in-state tuition rates at public colleges and universities, marking another victory for the Department of Justice’s broader effort to challenge similar laws nationwide.
U.S. District Judge Brian Buescher ruled that Nebraska’s law conflicts with federal immigration law because it allowed undocumented students who met state residency and high school attendance requirements to receive lower tuition rates while some U.S. citizens from outside Nebraska continued paying higher out-of-state tuition.
The ruling follows a lawsuit filed by the Department of Justice in April. Nebraska officials, including Attorney General Mike Hilgers, joined the federal government’s position and asked the court to invalidate the law. The decision also affects state scholarship programs that used similar eligibility standards.
Supporters of the tuition policy argued it helped students who grew up in Nebraska, attended local schools and contributed to their communities gain access to higher education. Two immigrant-support organizations attempted to intervene in the case, arguing the state moved too quickly to abandon the law, but the court rejected their request.
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The Nebraska case is part of a larger legal campaign targeting state tuition benefits for undocumented students. Federal officials have pursued similar actions in Texas, Oklahoma, Kentucky, Virginia and California, while some states continue defending their policies in court.
The broader dispute centers on whether federal immigration law allows states to offer educational benefits based on state residency when those same benefits are unavailable to all American citizens regardless of where they live. Courts around the country are now weighing that question, making immigration-related education policy one of the latest fronts in the ongoing federal-state battle over immigration enforcement.
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