The ruling follows a lawsuit the U.S. Department of Justice (DOJ) filed against Nebraska, arguing that a state law unlawfully granted benefits to noncitizens while denying the same benefit to U.S. citizens living outside Nebraska.
U.S. District Judge Brian Buescher ruled that Nebraska’s law violated federal immigration law by providing a higher education benefit to illegal aliens that was unavailable to American citizens from other states.
A federal judge struck down a Nebraska law that allowed illegal alien students to receive in-state tuition rates at public colleges and universities, siding with the U.S. Department of Justice (DOJ) after the agency challenged the policy earlier this year.
U.S. District Judge Brian Buescher ruled that Nebraska’s law violated federal immigration law by providing a higher education benefit to illegal aliens that was unavailable to American citizens from other states.
The decision permanently blocks enforcement of Legislative Bill 239, a measure passed in 2006 that allowed certain illegal alien students to qualify for in-state tuition rates at Nebraska’s public institutions.
[RELATED: Nebraska professor laments end of tuition benefits for illegal immigrants]
The judge’s ruling follows a lawsuit the DOJ filed against the state of Nebraska in April, arguing that the state’s policy unlawfully granted benefits to noncitizens while denying the same benefit to U.S. citizens living outside Nebraska.
According to the lawsuit, federal law prohibits states from providing postsecondary education benefits based on residency to illegal aliens unless the same benefits are made available to all U.S. citizens regardless of state residency.
For the 2025-26 academic year, Nebraska’s public colleges and universities charge an average of approximately $9,600 in annual tuition for in-state students, compared to roughly $23,400 for out-of-state students.
Under the 2006 law, illegal alien students could access the lower in-state tuition rates while American citizens from neighboring states were required to pay the substantially higher out-of-state rates.
[RELATED: DOJ sues Virginia for offering discounted tuition rates to illegal aliens]
Nebraska officials ultimately agreed with the DOJ’s position. Rather than defending the law, Nebraska Attorney General Mike Hilgers and Gov. Jim Pillen joined the federal government in a proposed consent decree seeking to end the policy.
“This Nebraska law is unconstitutional as it unlawfully extended benefits to illegal immigrants which were not available to American citizens,” Nebraska Attorney General Mike Hilgers wrote in a press release. “We filed the joint motion with the Department of Justice in order to ensure that this unconstitutional law was permanently enjoined.”
Former Nebraska Gov. and current Sen. Pete Ricketts applauded the move in a post on X.
Nebraska is the latest state to see its in-state tuition policy for illegal aliens overturned following action from the DOJ. Texas agreed to end a similar policy after the DOJ filed suit, while Oklahoma repealed its law after federal pressure.
The DOJ also filed lawsuits challenging similar policies in Kentucky, Minnesota, California, Virginia, New Jersey, and Illinois.
Campus Reform contacted the Department of Justice, the University of Nebraska System, and the Nebraska Department of Education for comment. This article will be updated accordingly
Emily Sturge
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Emily Sturge is a reporter for Campus Reform. She has appeared on FOX News, FOX Business, Newsmax, Real America’s Voice, Salem TV, News Nation, and the National Desk. She earned her degree in journalism from the University of Florida.
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