Nebraska has agreed to halt in-state tuition and scholarship programs for undocumented immigrants following a legal agreement with the U.S. Department of Justice (DOJ). The state and federal government filed a proposed consent decree in district court on Tuesday, seeking judicial approval to permanently end the policy.
Immediate Action & Core Facts
The agreement marks the resolution of a federal lawsuit alleging that Nebraska’s law unconstitutionally discriminated against U.S. citizens by offering in-state tuition benefits to undocumented students. The consent decree, if approved, would permanently block the state from providing these benefits.
Deeper Dive & Context
Legal and Political Background
Nebraska’s law allowed undocumented students who graduated from in-state high schools after living in the state for at least three years to pay in-state tuition rates. The DOJ, under the Trump administration, argued that this policy violated federal law by extending benefits to undocumented immigrants that were not available to U.S. citizens.
State Response and Opposition
Nebraska Attorney General Mike Hilgers and Governor Jim Pillen supported the agreement, stating that the law was unconstitutional. Two bills introduced in the Nebraska Legislature this year sought to repeal parts of the law but failed to advance. State Sen. Dave Murman, one of the bill’s sponsors, cited compliance with federal law and cost savings as motivations.
Public and Legislative Reactions
The proposed repeal drew significant opposition, with 215 people submitting comments against the bills. Supporters of the original law argued that it provided educational opportunities for students who had grown up in Nebraska, regardless of immigration status.
National Implications
The agreement aligns with broader efforts by the Trump administration to repeal similar laws in other states. The DOJ has targeted policies in multiple states that offer in-state tuition or other benefits to undocumented immigrants.