U.S. Department of Justice Moves to Repeal Nebraska Tuition Law for Undocumented Immigrants
LINCOLN — The U.S. Department of Justice is collaborating with Nebraska officials to repeal a state law that permits certain undocumented immigrants, who have graduated from Nebraska high schools, to pay in-state tuition at public universities.
On Tuesday, the federal government filed a lawsuit against Nebraska, working alongside Attorney General Mike Hilgers to propose a consent decree aimed at permanently banning the law. This action aligns with the Trump administration’s ongoing efforts to dismantle similar regulations nationwide, as detailed in a Justice Department press release that also referenced Nebraska Governor Jim Pillen.
The consent decree, which awaits court approval, seeks to address the Justice Department’s claim that Nebraska’s law unlawfully favors illegal immigrants over U.S. citizens, constituting unconstitutional discrimination.
“This Nebraska law is unconstitutional because it illegally extends benefits not available to American citizens to illegal immigrants,” Hilgers stated in a press release. “We have filed a joint motion with the Department of Justice to ensure this unconstitutional law is permanently banned.”
According to current state law, students who graduate from Nebraska high schools after residing in the state for three years and meeting specific criteria can continue their education at public universities by paying tuition rates equivalent to those of local U.S. citizens, regardless of their immigration status.
This year, two legislative bills were introduced in the Nebraska Legislature with the intent to repeal parts of this law; however, both proposals were removed from committee discussions. State Senator Dave Mirman of Glenville, one of the sponsors, noted that part of the rationale was to align the state with federal law and reduce legal defense costs for Nebraska.
Local opposition to the proposed bills was noteworthy, with 215 individuals submitting comments against the bills during a public hearing, compared to just 32 in favor. Critics voiced concerns about the potential negative impact on college enrollment in Nebraska, describing the proposals as “short-sighted” and suggesting they would convey a harmful message to local immigrant families.
“These bills would send a harmful message to middle school students from immigrant families that they are not welcome or valued in our education system,” commented Lina Traslavinha Stover, executive director of the Heartland Workers Center. “When students believe they cannot afford college, they are more likely to disengage from their education and forgo opportunities in the future.”
Governor Pillen, who is campaigning for re-election with President Trump’s endorsement, expressed gratitude for the partnership between state and federal authorities. In his statement, he characterized the Justice Department’s involvement as a “long-overdue correction,” emphasizing that Nebraskans expect undocumented immigrants to be ineligible for in-state tuition or financial aid benefits, aligning with federal law.
“Nebraska’s outdated law is deeply wrong and unconstitutional,” Pillen concluded, reiterating his administration’s commitment to uphold federal immigration guidelines.
