DOJ Reaches Proposed Consent Decree with Nebraska on Tuition

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The Department of Justice Reaches a Proposed Consent Decree with Nebraska to Enjoin the State from Enforcing its Unconstitutional In-State Tuition and Scholarship Programs for Illegal Aliens

Tuesday, April 21, 2026

Share For Immediate Release Office of Public Affairs Today, the United States filed a complaint against Nebraska and joined with the State in filing a proposed consent decree to permanently enjoin Nebraska laws that provide in-state tuition and financial assistance for illegal aliens.

The proposed consent decree, which must still be approved by the court, would resolve the Department’s claims that Nebraska’s laws unconstitutionally discriminate against American citizens in favor of illegal aliens. Specifically, Nebraska’s challenged laws grant reduced tuition to illegal aliens over U.S. citizens, which not only violates federal law but also incentivizes illegal immigration and rewards illegal immigrants with scholarship benefits that U.S. citizens are not eligible for.

“For two decades, the Nebraska legislature gave preferential treatment to illegal aliens over American citizens,” said Associate Attorney General Stanley Woodward. “We encourage all States to follow the commonsense correction of Attorney General Hilgers, ceasing any policy that rewards illegal entry into our nation with educational opportunities not available to U.S. citizens.”

“Nebraska’s unconstitutional and un-American laws should never have been passed in the first place and are prohibited by federal law,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The Department of Justice has won on this exact issue in Texas, Oklahoma, and Kentucky, and we will take this fight to any states that fail to put American citizens first.”

“This proposed consent decree demonstrates the quality of partnership between Nebraska state leaders and the Department of Justice for the shared purpose of ensuring that federal tax dollars are not used to discriminate against Nebraska’s lawful citizens,” said U.S. Attorney Lesley Woods for the District of Nebraska.

“Nebraskans expect that illegal aliens won’t get the benefit of in-state tuition and financial aid, and federal law forbids it,” said Nebraska Governor Jim Pillen. “Outdated Nebraska laws to the contrary are deeply misguided and unconstitutional, and I am grateful for the combined efforts of President Trump’s Department of Justice and Attorney General Hilgers to deliver this long-overdue correction. This is the latest example of the tremendous partnership between the State of Nebraska and the Trump Administration.”

“This Nebraska law is unconstitutional as it unlawfully extended benefits to illegal immigrants which were not available to American citizens,” said Nebraska Attorney General Mike Hilgers. “We filed the joint motion with the Department of Justice in order to ensure that this unconstitutional law was permanently enjoined.”

The motion came just hours after the Justice Department filed a complaint in the District of Nebraska, Omaha Division, against the state of Nebraska seeking to enjoin the state from enforcing laws that require colleges and universities to provide in-state tuition rates to all aliens who maintain Nebraska residency, regardless of whether those aliens are lawfully present in the United States. Additionally, the complaint seeks to enjoin Nebraska from enforcing state laws that afford financial assistance and scholarships to illegal aliens.

This is the 8th lawsuit in a series of actions the department has filed to fulfill President Trump’s commitment to ensure that illegal aliens are not obtaining taxpayer benefits or preferential treatment. These efforts have already delivered wins for the American people, as three similar lawsuits in Texas, Kentucky, and Oklahoma have resulted favorable orders permanently enjoining and declaring unconstitutional analogous laws that gave reduced tuition to illegal aliens. Lawsuits against other states that similarly put illegal aliens ahead of U.S. citizens are pending across the country in Illinois, Minnesota, Virginia, and California.

Updated April 21, 2026 Topic Immigration Components Civil Division Office of the Associate Attorney General USAO - Nebraska Press Release Number: 26-385

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