Nebraska has agreed to stop enforcing a state law that gave illegal immigrants access to discounted in-state college tuition at public universities, the result of a consent agreement reached with the U.S. Department of Justice this week.
The deal, announced Wednesday, requires Nebraska to cease application of the state’s tuition law, which had allowed illegal immigrants to pay in-state rates at public colleges and universities. Federal officials argued the policy ran afoul of federal immigration law, which prohibits states from offering illegal immigrants educational benefits that are not also available to U.S. citizens.
The Justice Department had filed a lawsuit against Nebraska over the policy, and state officials agreed to the consent order rather than fight the case in court.
Nebraska is among more than a dozen states that had passed laws extending in-state tuition to illegal immigrants, often referred to by supporters as “DREAM Act” beneficiaries. Critics argue such policies reward illegal immigration at the expense of American taxpayers and out-of-state citizens who pay significantly higher tuition rates.
The consent agreement does not immediately strip current illegal immigrant students of their status but requires the state to stop granting in-state tuition eligibility to new applicants who cannot demonstrate lawful immigration status.
Nebraska Gov. Jim Pillen has been a vocal supporter of stricter immigration enforcement and had previously called for a review of state policies that extend benefits to those in the country illegally.
The DOJ action against Nebraska is part of a broader Trump administration effort to challenge state laws the administration considers in conflict with federal immigration statutes. Similar legal challenges have been launched or threatened against several other states with comparable tuition policies, including Illinois and California.
Republican members of Congress praised the agreement Wednesday, calling it a long-overdue correction.
“American students should not have to compete against people who are here illegally for limited seats at public universities,” said Sen. Pete Ricketts (R-NE) in a statement. “Nebraska taxpayers fund these institutions. They shouldn’t be subsidizing tuition for people who broke the law to get here.”
