On June 4, 2026, U.S. District Judge Brian Buescher ruled that Nebraska's 2006 law permitting certain illegal immigrants to qualify for in-state tuition rates is in conflict with federal immigration law. The ruling permanently prohibits the enforcement of this law, which had been in place for nearly two decades. The Department of Justice (DOJ) had filed a lawsuit against Nebraska in April, asserting that the state's tuition policies unlawfully provided benefits to illegal immigrants that were not available to some U.S. citizens.
Judge Buescher stated in his 54-page opinion that the Nebraska statutes violated federal law by allowing illegal immigrants to obtain in-state tuition while U.S. citizens from other states were required to pay full out-of-state tuition. The law allowed students in the country illegally to qualify for in-state tuition if they graduated from a Nebraska high school and resided in the state for at least three years.
Nebraska Attorney General Mike Hilgers expressed approval of the ruling, emphasizing that federal law prohibits extending benefits to illegal immigrants that are not available to American citizens. The ruling is part of a broader DOJ initiative targeting similar tuition policies in other states, with Kentucky, Texas, and Oklahoma having already ceased comparable programs following federal lawsuits. In contrast, New Jersey, Virginia, and Minnesota are currently defending their laws in ongoing litigation.
Former DOJ attorney Abhishek Kambli noted that this ruling is part of a legal effort to enforce federal immigration statutes that many states have overlooked. The judge also dismissed attempts by two outside organizations to intervene in the case, stating that allowing potentially unconstitutional laws to remain in effect would not serve the public interest. Assistant Attorney General Brett Shumate and Associate Attorney General Stanley Woodward both celebrated the ruling, reinforcing the message that federal law must be upheld regarding tuition benefits for illegal immigrants.
