Judge ends in-state tuition for illegal immigrants at Nebraska colleges 

A federal judge has ended a Nebraska policy that gave some illegal immigrants in-state tuition at public colleges, even as American citizens from other states had to pay higher rates.

U.S. District Judge Brian C. Buescher issued the final judgment June 3 in the U.S. District Court for the District of Nebraska.

The ruling blocks Nebraska from enforcing parts of four state laws that gave in-state tuition and some state college aid to aliens unlawfully present in the United States.

“The law is clear,” Buescher wrote in a separate order. He said the Nebraska laws “blatantly violate” federal law because they let illegal immigrants qualify for in-state tuition while requiring out-of-state American citizens to pay the full nonresident rate.

The legislation had been in place since 2006.

Under the policy, some illegal immigrants could qualify for resident tuition if they attended high school in Nebraska, lived in the state for at least three years before graduation, graduated, or earned a GED in Nebraska and filed an affidavit stating they would seek permanent resident status when eligible.

The U.S. Department of Justice sued the state in April, with Nebraska Attorney General Mike Hilgers joining the DOJ in asking the court to end the policy.

“This Nebraska law is unconstitutional as it unlawfully extended benefits to illegal immigrants which were not available to American citizens,” Hilgers said in a release.

The ruling also affects state aid programs tied to the same residency rules, including the Nebraska Opportunity Grant, the Access College Early Scholarship Program and the Door to College Scholarship Act.

At the University of Nebraska at Omaha, in-state tuition and fees for the 2026-27 school year total $9,768. Out-of-state students pay $26,092. This means the benefit was worth more than $16,000 per year at that school alone.

Immigration groups tried to slow the case. State Sen. Dunixi Guereca, D-Omaha, filed an amicus brief opposing the deal. Two nonprofits, True Potential Scholarship and Orel Alliance, also tried to intervene, but Buescher rejected the request. He did allow the groups to file briefs.

Gov. Jim Pillen praised the ruling.

“This decision affirms that illegal aliens should not be receiving benefits that are then denied to other Americans,” the Republican said in a release.

The ruling adds Nebraska to a growing list of states where courts or lawmakers have stopped in-state tuition breaks for illegal immigrants.

As The Lion previously reported, Florida ended in-state tuition for illegal immigrants last year. The Trump administration has also sued states such as Minnesota and Virginia over similar policies.