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Judge strikes down Nebraska law allowing in-state tuition for undocumented immigrants
A federal judge ruled on Wednesday that a Nebraska law allowing certain undocumented students to earn in-state tuition and financial assistance will no longer exist.
OMAHA, Neb. —
A federal judge ruled on Wednesday that a Nebraska law allowing certain undocumented students to earn in-state tuition and financial assistance will no longer exist.
Previously, the university system didn’t ask about a person’s legal status in the U.S., which means a person in the country illegally could get financial aid or in-state tuition. That law has been in existence since 2006.
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That judge, in his opinion Wednesday, concluded that specific federal law contains a preemption provision, and that Nebraska’s residency-based tuition statutes directly conflict with that provision.
The court also found that Nebraska’s statutes allow those in the country illegally to obtain in-state tuition and scholarship benefits, while denying similar benefits to out-of-state U.S. citizens.
The lawsuit was filed back in April, aiming to declare the law invalid. Nebraska Attorney General Mike Hilgers joined in the proposed consent decree, agreeing with the Department of Justice.
Gov. Jim Pillen applauded the decision on Wednesday.
“This is a thorough and well-reasoned opinion that finally brings Nebraska law into alignment with important federal requirements that forbid giving unfair benefits to illegal aliens,” Pillen said. “This decision affirms that illegal aliens should not be receiving benefits that are then denied to other Americans.”
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