Nebraska Aligns with Trump Administration to Challenge In-State Tuition for Undocumented Students

State becomes fourth to pursue legal rollback of educational benefits

Nebraska's attorney general and the U.S. Department of Justice jointly petitioned a federal court on Tuesday to invalidate state statutes that extend in-state tuition eligibility to certain undocumented students. Should the court grant this motion, Nebraska would join three other states in successfully dismantling such policies under the current administration.

The DOJ's track record in these disputes remains mixed. A federal judge rejected a similar challenge to Minnesota's in-state tuition and scholarship provisions for undocumented learners just weeks prior to Nebraska's filing.

Shifting Educational Landscape Under New Administration

The policy environment surrounding higher education access for undocumented immigrants has undergone substantial transformation since President Donald Trump's return to office. Before his inauguration, 25 states plus Washington, D.C. maintained laws granting in-state tuition rates to qualifying undocumented students.

The DOJ has since initiated legal action against eight states over these provisions. In every case, federal officials contend that states are unconstitutionally distributing educational advantages to undocumented immigrants that remain unavailable to U.S. citizens from other states.

Brett Shumate, assistant attorney general in the DOJ's civil division, declared: "Nebraska's unconstitutional and un-American laws should never have been passed in the first place and are prohibited by federal law."

Governor Jim Pillen and Nebraska's top legal officer have publicly endorsed eliminating the contested statutes. Pillen stated: "Nebraskans expect that illegal aliens won't get the benefit of in-state tuition and financial aid, and federal law forbids it."

Divergent State Responses Emerge Along Party Lines

Three Republican-controlled states—Texas, Kentucky, and Oklahoma—have cooperated with federal prosecutors and successfully removed their in-state tuition policies through court action.

Democratic-led jurisdictions have adopted opposing strategies. California's Governor Gavin Newsom responded with combative rhetoric, stating "Good luck, Trump. We'll see you in court." Illinois Governor JB Pritzker's office characterized the DOJ lawsuit as "another blatant attempt to strip Illinoisans of resources and opportunities" and committed to defending the state's regulations.

Virginia initially presented a joint motion alongside federal authorities to strike down its in-state tuition provisions for undocumented students. However, the state reversed course in January after a Democratic governor and attorney general assumed office, replacing the outgoing Republican leadership. The legal disputes in California, Illinois, and Virginia remain unresolved.

The DOJ declined to provide commentary on Wednesday regarding any potential appeal of the Minnesota case dismissal.