Federal judge ends in-state tuition rates for illegal aliens in Nebraska

Campus Reform ^ | June 10, 2026 | Emily Sturge

[Baladas]

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.

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TOPICS: Culture/Society; News/Current Events; US: Nebraska
KEYWORDS: 51to40; aliens; brianbuescher; briancbuescher; chiefjudge; dnebraska; education; illegalimmigration; immigration; nebraska; trumpjudge; tuition

[Baladas]

good that the DOJ is finally trying to put an end to this

[vikingd00d]

>>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.

So the colleges must now refund the difference between in-state and out-of-state tuition for all previous American students, correct? The ones they illegally charged a higher tuition?

[mikey_hates_everything]

Unless they have a student visa, they should not be admitted in the first place.

[Savage Beast]

No brainer.

(Wokoids do not have functioning brains.)

[packrat35]

Nebraska is a red state. Do better Nebraska...

[frank ballenger]

If federal lw breaking illegals no longer get their special in state tuition perks, what about convicts in prisons within the state? They are residents of the state.

[ProtectOurFreedom]

Yes, very good. But...”Legislative Bill 239, a measure passed in 2006”

TWENTY YEARS ago!!

[NEMDF]

Then today, in Omaha, our Mayor is shown touting his resolution to make June “Immigrant Heritage Month”, to honor the 76 illegal immigrants arrested by ICE here a year ago, who were working at a food processing plant mostly all with stolen identities.

We are trying to compose something to send off to the mayor but are livid that he’s seemingly promoting how we should all be nice to the illegals because ICE agents are mean, or something like that. Of course, the local newspaper article is skewed to completely demonize anyone who is less than welcoming and charitable to the illegals in our area/state.

[NEMDF]

See my post in #8. It is maddening.

[packrat35]

76 jobs that Americans could have been doing and he is sad they got busted. Shows who he really cares for...

[econjack]

Why are illegals even allowed to attend a university let alone give them a discount?

[Lurker]

Now do Illinois.

L

[Liz]

FTA

A US District Judge ruled that Nebraska violated federal immigration law by providing a higher education benefit-—in-state tuition-—to illegals that was unavailable to Americans from other states.

The decision permanently blocks enforcement of 2006 Legislative Bill 239
letting some illegals qualify for in-state tuition at Nebraska’s public institutions.

[Mr. Jeeves]

Now do the in-state voter registration...