Nebraska Agrees To End In-State Tuition For Undocumented Students
Nebraska agreed this week to end in-state tuition for undocumented students under a settlement with the U.S. Department of Justice, affecting college costs for those students.
Under the deal, undocumented students will no longer be eligible for resident tuition rates at public colleges in Nebraska. At the University of Nebraska-Lincoln, 2023-24 in-state tuition and fees were $10,108, while out-of-state charges were $27,748, underscoring potential cost increases.
The move follows an April 2025 executive order from President Trump that directed the Department of Justice to enforce federal law against state policies allowing residency-based tuition for undocumented students. The DOJ then sued several states, winning or settling cases in Texas, Oklahoma and Kentucky before pressing similar challenges elsewhere. The legal push cites Section 505 of the 1996 immigration law, which bars states from giving residency-based college benefits to undocumented immigrants unless citizens get the same without regard to residence. An estimated 510,027 undocumented students were enrolled in higher education nationwide in 2026, raising the stakes for policy changes.
Reactions split online, with some users calling the move cruel because undocumented students pay taxes and had bipartisan backing previously, while others welcomed prioritizing taxpayer-funded discounts for citizens. State officials did not provide figures on how many Nebraska students used in-state rates or the policy's cost, leaving unanswered questions about the fiscal impact.
📊 Relevant Data
Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 prohibits states from providing any postsecondary education benefit to undocumented immigrants on the basis of residence within the state unless a U.S. citizen or national is eligible for the same benefit without regard to residence.
Public Law 104–208 — U.S. Government Publishing Office
At the University of Nebraska-Lincoln, the estimated annual tuition and fees for the 2023-2024 academic year were $10,108 for in-state undergraduates and $27,748 for out-of-state undergraduates.
2023-2024 Estimated Cost of Attendance — UNL Financial Aid
Nationally, approximately 510,027 undocumented students were enrolled in higher education as of 2026.
National Data on Immigrant Students — Higher Ed Immigration Portal
📌 Key Facts
- DOJ sued Nebraska on Tuesday over its in-state tuition and financial aid benefits for undocumented students.
- Later the same day, DOJ and Nebraska jointly filed a proposed consent decree to permanently bar enforcement of those state provisions.
- Nebraska’s policy has been in place since 2006; DOJ says this is its eighth such lawsuit and that it has already won similar cases in Texas, Oklahoma, and Kentucky.
- The consent decree would end reduced in-state tuition and certain state financial aid for undocumented students once approved by the court.
📰 Source Timeline (1)
Follow how coverage of this story developed over time