DOJ agrees with Nebraska to bar state from granting tuition and scholarship programs for illegal immigrants
The proposed settlement, which must still be approved by the court, would resolve the department's allegations that Nebraska's laws unconstitutionally discriminate against U.S. citizens in favor of illegal immigrants.
Department of Justice headquarters. File image.
The Department of Justice reported that it reached an agreement with Nebraska to permanently ban the state's laws granting in-state tuition and financial assistance to illegal immigrants.
The proposed settlement, which has yet to be approved by the court, would resolve the department's allegations that Nebraska's laws unconstitutionally discriminate against U.S. citizens in favor of illegal immigrants.
Specifically, the challenged Nebraska laws grant reduced tuition to undocumented immigrants to the detriment of U.S. citizens, which, according to the DOJ, not only violates federal law, but also incentivizes illegal immigration and rewards those without papers with scholarships to which U.S. citizens are not entitled.
"For two decades, the Nebraska legislature gave preferential treatment to illegal aliens over American citizens," said Assistant Attorney General Stanley Woodward.
We urge all states to follow Attorney General Hilgers' wise correction by ending any policy that rewards illegal entry into our country with educational opportunities not available to U.S. citizens," he added.
In that vein, Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division highlighted that "Nebraska's unconstitutional and un-American laws should never have been passed and are prohibited by federal law."
"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.
The motion was filed just hours after the Department of Justice filed a lawsuit in Nebraska District Court, Omaha Division, against the state of Nebraska, seeking an injunction to prevent the state from enforcing laws requiring universities to offer in-state tuition to all foreign nationals who maintain residency in Nebraska, regardless of whether they are in the United States lawfully. In addition, the lawsuit seeks to prevent Nebraska from enforcing state laws that grant financial aid and scholarships to undocumented immigrants.
Previous lawsuits
Suits are pending against other states that similarly prioritize undocumented immigrants over U.S. citizens in Illinois, Minnesota, Virginia and California.
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