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LINCOLN — The U.S. Department of Justice is working with Nebraska officials to pull back from a state law that allows certain undocumented immigrants who grew up and graduated in the state to pay in-state tuition at public colleges and universities.
On Tuesday, the federal government filed a complaint against Nebraska and joined with Nebraska Attorney General Mike Hilgers in filing a proposed consent decree to permanently enjoin the law, according to a DOJ press release that quoted Hilgers and Nebraska Gov. Jim Pillen. The move is part of a continued push by the Trump administration to repeal similar laws nationwide.
The proposed consent decree, which must still be approved by the court, would resolve the department’s claims that Nebraska law unconstitutionally discriminates against U.S. citizens in favor of illegal immigrants.
“This Nebraska law is unconstitutional as it unlawfully extended benefits to illegal immigrants which were not available to American citizens,” Hilgers said in the press release. “We filed the joint motion with the Department of Justice in order to ensure that this unconstitutional law was permanently enjoined.”
As state law currently stands, students who graduate from Nebraska high schools after living here three years and who meet certain other criteria — regardless of immigration status — can continue their education in the state by paying the same tuition rates as local counterparts who are U.S. citizens.
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Two bills proposed in the Nebraska Legislature this year sought to repeal parts of this law, though neither made it out of committee. State Sen. Dave Murman of Glenvil, one of the introducers, said part of his motivation was to comply with federal law and save Nebraska the cost of defending a lawsuit.
Both bills drew significant local opposition, with 215 people writing comments against the bills — and in defense of the affected students — at a joint public hearing, compared to 32 written comments in support.
Some critics said the rollback would hurt enrollment at Nebraska colleges and universities, while others called the idea “shortsighted” and argued it would send the wrong message to local families.
“These bills send a harmful message to middle school students from immigrant families that they are not welcomed or valued in our education system,” said Lina Traslaviña Stover, executive director of the Heartland Workers Center. “When students believe college is unattainable because of cost, they are more likely to disengage from school and leave the college-pre track. This limits their options for years to come.”
Pillen, who is running for reelection and has been endorsed by Trump, celebrated the state and federal partnership with the Trump administration. In a statement, he thanked the DOJ and Hilgers for delivering what he considers a “long-overdue correction.”
“Nebraskans expect that illegal aliens won’t get the benefit of in-state tuition and financial aid, and federal law forbids it,” Pillen said. “Outdated Nebraska laws to the contrary are deeply misguided and unconstitutional.”
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