The U.S. Department of Justice has filed a series of lawsuits targeting state laws and policies that make undocumented students eligible for in-state college tuition, and the department says those actions have already succeeded in multiple states, including Nebraska.
What the Justice Department says
The department, in a campaign described in recent national commentary, filed what it called the last of 25 lawsuits challenging state provisions that permit tuition discounts or in-state tuition eligibility for people who are not U.S. citizens. According to the commentary, those lawsuits have prevailed so far in Illinois, Texas, Oklahoma, Nebraska, Kentucky and Kansas.
“Illegal aliens will not receive benefits denied to American citizens.” — Associate Attorney General Stanley E. Woodward Jr.
Assistant Attorney General Brett Shumate of the Justice Department’s civil division was quoted as saying the department would not tolerate states treating “American students like second-class citizens in their own country.” The commentary characterizes the department’s litigation as part of the Justice Department’s broader approach under the current administration.
How the issue is framed in public debate
The commentary — an opinion piece — contrasts the options available to different groups of students when applying for college financial aid. It notes that U.S. citizens typically apply for federal aid through the Free Application for Federal Student Aid (FAFSA), while undocumented students in some states use alternative state programs, such as the California Dream Act Application in California. The piece also recounts examples from classroom settings to illustrate how students and families face the practical consequences of differing state rules on college access.
- 25 lawsuits: The Justice Department reportedly filed suits against 25 states over in-state tuition policies for undocumented students.
- Successful challenges: The department says it has prevailed in Illinois, Texas, Oklahoma, Nebraska, Kentucky and Kansas.
- Officials quoted: Associate Attorney General Stanley E. Woodward Jr. and Assistant Attorney General Brett Shumate were cited criticizing state policies that provide benefits to undocumented students.
The commentary links the litigation to a wider federal approach that seeks to limit benefits the Justice Department says should be reserved for citizens.
State officials, higher-education leaders and advocacy organizations in Nebraska and elsewhere have previously debated the fiscal and policy implications of in-state tuition eligibility. Those debates typically touch on college access, state budgets and the legal status of residents who were brought to the United States as children, but specific statements from Nebraska officials on the latest round of suits were not included in the commentary.
