Nebraska officials have agreed to a proposed consent decree with the federal government that would end the state’s practice of offering in-state tuition and certain educational benefits to students who were brought into the country illegally as children.
The agreement was announced shortly after a complaint was filed Tuesday in federal court in Omaha seeking to permanently block Nebraska from continuing the policy. A federal judge must still review and approve the proposed decree before any changes take effect.
State leaders say the action is intended to address concerns that the existing law provided benefits to individuals who were not eligible under federal guidelines. Nebraska Attorney General Mike Hilgers said the joint motion filed with the U.S. Department of Justice is designed to ensure the policy is permanently halted if the court approves the agreement.
Nebraska originally enacted the law in 2006, allowing certain students who were brought to the United States as children, established residency, and graduated from a Nebraska high school to qualify for in-state tuition rates at public colleges and universities. The law did not provide state financial aid, and past efforts to repeal it have been unsuccessful.
Supporters of the policy have argued that offering in-state tuition helps strengthen the state’s workforce and economy by encouraging students to remain in Nebraska after graduation. Advocacy groups also say the program has helped communities retain young workers and reduce population loss in rural areas.
Nebraska is one of several states facing legal challenges over similar policies. Federal officials have said they believe such programs create unequal benefits compared to those available to U.S. citizens living outside the state.
Earlier this year, state lawmakers introduced legislation aimed at repealing the tuition policy, but those proposals did not advance before the Legislature adjourned its session.
Governor Jim Pillen said many Nebraskans expect state benefits to align with federal law and praised cooperation between state and federal officials in addressing the issue. Opponents of the change say they are concerned about the potential impact on students and communities and plan to closely monitor the court’s decision.
The final outcome will depend on whether the federal court approves the consent decree in the coming weeks.
Comments