The U.S. Department of Justice and Nebraska’s attorney general asked a federal judge to strike down Nebraska laws that grant in-state tuition to certain undocumented students. If approved, Nebraska would join multiple states siding with the Trump administration in limiting access to in-state benefits. The DOJ’s argument targets the federal-eligibility theory that educational benefits reserved for in-state residents unlawfully advantage undocumented students compared with U.S. citizens, including in some cases out-of-state students. The brief cites that DOJ has filed similar challenges in other states and notes that a prior judge dismissed the government’s challenge to Minnesota’s program. Nebraska’s Republican governor and attorney general backed the request, saying the policies are barred by federal law. The litigation matters for how quickly state systems may change tuition tiers, scholarship eligibility, and recruitment pipelines as federal policy posture shifts.
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