# Judge strikes down Nebraska's 20-year in-state tuition law for undocumented students  
**Published:** 2026-06-03T23:50:51.000Z  
**Source:** [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/03/fed-judge-strikes-down-nebraska-law-allowing-some-undocumented-students-in-state-tuition/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/judge-strikes-down-nebraska-s-20-year-in-state-tuition-law-for-undocumented

A federal judge has ruled that [Nebraska's law allowing some undocumented students to pay in-state tuition rates at state colleges and universities violates federal law and must be permanently enjoined](https://nebraskaexaminer.com/2026/06/03/fed-judge-strikes-down-nebraska-law-allowing-some-undocumented-students-in-state-tuition/). U.S. District Court Judge Brian Buescher issued the decision Wednesday in a 54-page opinion, striking down a statute that had been in effect since 2006.

The law had allowed non-citizens who graduated from Nebraska high schools and resided in the state for at least three years to access in-state tuition rates. Buescher wrote that the Nebraska statutes "blatantly violate" federal law because out-of-state U.S. citizens are required to pay higher tuition than undocumented students receiving in-state rates.

The ruling represents the latest victory for the Trump administration in its nationwide effort to eliminate in-state tuition benefits for undocumented immigrants. The U.S. Department of Justice sued Nebraska in April, arguing that the policy violated [Section 505 of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which prohibits states from offering postsecondary education benefits based on residency to undocumented students unless the same benefits are available to all U.S. citizens](https://www.congress.gov/crs-product/R47318), regardless of residency.

Rather than defend the law, Nebraska Attorney General Mike Hilgers immediately agreed with the federal government, and the state and DOJ jointly filed a proposed consent decree asking the court to invalidate the statute. That decision drew objections from civil rights groups, which argued the case amounted to collusive litigation lacking genuine legal dispute.

Two organizations—True Potential, which provides scholarships to DACA recipients, and the Orel Alliance, which works with Ukrainian immigrants—sought to intervene as parties to defend the law. Buescher rejected their motions to intervene, finding they lacked legal standing. He also rejected their request to halt proceedings pending appeal, noting that allowing unconstitutional statutes to remain valid would be "contrary to the public interest."

[Similar lawsuits have already succeeded in Texas, Oklahoma and Kentucky, while cases remain pending in Illinois, Minnesota, Virginia and California](https://www.insidehighered.com/news/quick-takes/2026/04/23/nebraska-poised-end-state-tuition-noncitizens). The Nebraska ruling will take effect immediately, effectively ending the 20-year-old policy that has allowed thousands of students to make college more affordable.

Hilgers responded to the ruling with a statement: "Federal law is clear: no benefits can be extended to illegal immigrants that aren't available to American citizens. The court enjoined several unconstitutional laws that did just that. We are grateful for the court's consideration and result."

## Sources

- [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/03/fed-judge-strikes-down-nebraska-law-allowing-some-undocumented-students-in-state-tuition/)
- [Inside Higher Ed - Nebraska poised to end in-state tuition for noncitizens](https://www.insidehighered.com/news/quick-takes/2026/04/23/nebraska-poised-end-state-tuition-noncitizens)
- [Congress.gov - Unauthorized Immigrants' Eligibility for Federal and State Benefits](https://www.congress.gov/crs-product/R47318)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Examiner, enriched with 3 web searches. The original source is available at https://nebraskaexaminer.com/2026/06/03/fed-judge-strikes-down-nebraska-law-allowing-some-undocumented-students-in-state-tuition/.