There are a series of challenges facing undocumented college students in Nebraska, including the ability to access in-state-tuition.
During the 2026 legislative session, lawmakers attempted to overturn a state law that allows undocumented students to receive in-state tuition. That law, which passed in 2006, requires students to have lived in the state for a number of years and have graduated from a Nebraska high school.
Following the failed legislative attempt to overturn the law, the U.S. Department of Justice filed a lawsuit against the state. However, instead of fighting the suit, the two government entities came to a joint agreement regarding the tuition rate.
They agreed the court has the right to declare the existing law unconstitutional, because it violates the supremacy clause of the US Constitution. That court is weighing issuing a permanent injunction, so that in state tuition benefits can never be provided to undocumented people.
A U.S. district court judge will further review the case on Friday.
Other states are facing lawsuits regarding changes to in-state tuition for undocumented students.
