Overview
- U.S. District Judge Brian Buescher struck down Nebraska’s 2006 residency law on Wednesday, permanently enjoining the state from enforcing rules that let some undocumented students qualify for in-state tuition and state financial aid.
- The Department of Justice sued Nebraska in April, saying the law unlawfully granted postsecondary benefits to people in the country illegally that were not available to all U.S. citizens.
- In a 54-page opinion the judge concluded the statute conflicts with a federal provision that bars state-based education benefits for undocumented immigrants unless the same benefit is available to all U.S. citizens.
- Buescher also rejected intervention requests from True Potential and the Orel Alliance, finding neither outside group had legal standing to join the case.
- The decision adds to recent DOJ wins in states such as Kentucky, Texas and Oklahoma and leaves universities, students and scholarship providers facing immediate policy changes, potential appeals and continued litigation in other states.