Federal judge blocks Nebraska in-state tuition law for students in the country illegally

A federal court struck down a Nebraska law that had allowed certain students in the country illegally to receive in-state tuition rates for nearly two decades. The ruling found the 2006 statute conflicts with a federal provision that bars states from granting postsecondary education benefits based on residency unless the same benefit is available to all U.S. citizens.

Because out-of-state U.S. citizens paid higher rates than some students covered by the Nebraska measure, the court held the state law was preempted.

Background of the case The Justice Department sued Nebraska in April, arguing the tuition and scholarship policies unlawfully extended benefits unavailable to some U.S. citizens. The court issued a permanent injunction barring enforcement of the residence requirements.

Under the invalidated law, students in the country illegally could qualify for in-state tuition by graduating from a Nebraska high school and living in the state for at least three years, among other conditions.

State and federal responses Nebraska's attorney general welcomed the decision, stating that federal law prohibits extending benefits to illegal immigrants that are not available to American citizens. Officials from the Justice Department described the outcome as consistent with enforcement of federal immigration statutes.

The ruling is the latest in a series of cases in which states including Kentucky, Texas, and Oklahoma have ended similar programs after facing federal lawsuits. Litigation remains active in New Jersey, Virginia, and Minnesota. The court also denied requests from two outside organizations to intervene and delay the final order, finding the groups lacked standing and that allowing the statutes to remain in effect would not serve the public interest.