A federal judge ruled that undocumented students in Nebraska can no longer pay in-state tuition rates at public colleges, aligning the decision with an earlier U.S. Department of Justice challenge. The order by U.S. District Court Judge Brian Buescher quashed a two-decade-old state law that had allowed certain noncitizens to receive in-state tuition if they lived in Nebraska for at least three years, graduated from Nebraska high school, and met other criteria. DOJ had sued in April, arguing the benefits violated federal law because undocumented students would receive educational benefits not available to all out-of-state citizens. Nebraska’s leaders agreed to a consent decree with DOJ, and the judge’s 54-page opinion said allowing in-state rates for undocumented students while out-of-state citizens pay more “blatantly” violates federal requirements. The ruling also denied requests by two organizations—True Potential, a scholarship provider for DACA participants, and the Orel Alliance, which works with Ukrainian immigrants and refugees—to intervene. The decision is described as the latest in a series of DOJ-driven cases targeting in-state tuition benefits for undocumented students. For universities and state systems, the compliance and enrollment effects are immediate: tuition residency processes, scholarship eligibility rules, and student financial planning will need to adjust quickly to avoid operational mismatches.
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