Under an agreement reached with the federal government on Tuesday, Nebraska will stop providing in-state tuition and scholarship programs for illegal immigrants.
The state and the Justice Department (DOJ) filed a proposed consent decree in district court, asking a judge to approve the agreement.
“For two decades, the Nebraska legislature gave preferential treatment to illegal aliens over American citizens,” said Associate Attorney General Stanley Woodward in a statement. “We encourage all states to follow the common-sense correction of Attorney General [Mike] Hilgers, ceasing any policy that rewards illegal entry into our nation with educational opportunities not available to U.S. citizens.”
The DOJ filed a lawsuit April 21 against the state hours before the legal agreement was reached, asking the court to find Nebraska in violation of the U.S. Constitution’s Supremacy Clause and federal immigration law.
Nebraska has offered in-state tuition to illegal immigrants for two decades, the DOJ said in the complaint. The rate is unavailable to out-of-state U.S. citizens.
“These statutes engage in blatant unequal treatment favoring illegal aliens over citizens from other states,” the DOJ stated. “Worse, such preferential treatment is squarely prohibited and preempted by Congress.”
Federal law mandates that “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a state … for any postsecondary education benefit unless a citizen or national of the United States is eligible for such benefit … without regard to whether the citizen or national is such a resident,” the department wrote.
The DOJ has been successful in challenging similar laws in Texas, Oklahoma, and Kentucky, according to Assistant Attorney General Brett Shumate.
Nebraska Gov. Jim Pillen said the state laws regarding tuition were “outdated.”
“Nebraskans expect that illegal aliens won’t get the benefit of in-state tuition and financial aid, and federal law forbids it,” Pillen said in a statement. “Outdated Nebraska laws to the contrary are deeply misguided and unconstitutional, and I am grateful for the combined efforts of President [Donald] Trump’s Department of Justice and Attorney General Hilgers to deliver this long-overdue correction.”
The nonprofit immigration advocacy group Nebraska Appleseed criticized the agreement.
“We are deeply alarmed by this announcement and will continue to monitor this development,” the group posted on Facebook. “Nebraska’s successful in-state tuition policy has for many years ensured that young people who grow up in Nebraska communities can pay in-state tuition to continue their education to become teachers, counselors, small-business owners, and many other roles—keeping skills and talents in Nebraska, and ultimately supporting strong, vibrant communities.”
The "Road to Omaha" statue outside Charles Schwab Field at the NCAA Division I Baseball Championship in Omaha, Neb., on June 24, 2024. (Peter Aiken/Getty Images)
The Nebraska lawsuit was the eighth legal action the DOJ has filed to fulfill Trump’s promise to ensure illegal immigrants do not obtain taxpayer benefits or preferential treatment, according to the DOJ.
Similar lawsuits are pending in Illinois, Minnesota, Virginia, and California.
