Illegal immigrants can no longer receive in-state tuition benefits in Nebraska

A federal judge ruled June 3 that Nebraska may no longer offer in-state tuition rates to illegal immigrants attending the state’s public colleges and universities, striking down a 20-year-old state law that he said conflicts with federal law. 

U.S. District Court Judge Brian Buescher approved an agreement between Nebraska and the U.S. Department of Justice (DOJ) that permanently bars the state from enforcing the law or offering in-state tuition rates, certain financial aid, and scholarships to students living in the U.S. illegally. 

In a 54-page opinion, Buescher wrote that “the Nebraska statutes establishing residence requirements for illegal aliens to obtain in-state tuition, while leaving United States citizens from other states to pay full out-of-state tuition, blatantly violate” federal law.

The 2006 law allowed illegal immigrant students who graduated from a Nebraska high school and lived in the state for at least three years to qualify for resident tuition rates, treating them similarly to Nebraska residents, while out-of-state U.S. citizens paid higher nonresident rates. 

At the University of Nebraska at Omaha, resident undergraduate tuition and fees are listed at $9,768 for the 2026-2027 academic year, compared with $26,092 for out-of-state students.

The DOJ sued Nebraska in April, arguing that the state policy conflicted with federal statutes, including provisions in the Personal Responsibility and Work Opportunity Reconciliation Act. Nebraska officials agreed with the DOJ’s position and joined the agreement shortly after the lawsuit was filed. 

Nebraska Attorney General Mike Hilgers and Gov. Jim Pillen, both Republicans, welcomed the ruling shortly after its release. 

“Federal law is clear: no benefits can be extended to illegal immigrants that aren't available to American citizens,” Hilgers said in a June 3 X post. “The court enjoined several unconstitutional laws that did just that. We’re grateful for the court's consideration and result.”

Pillen called the ruling a “great decision” that is “long overdue” in a June 4 statement. He thanked the DOJ and Hilgers for their work to bring attention to the issue.