The Department of Justice’s campaign against state policies that allow undocumented students to pay in-state tuition has seen mixed results so far. While several states quickly agreed with the government and scrapped their laws, a federal judge in Minnesota sided with the state and upheld its policy—a key win for advocates.
But a recent court order from a Nebraska judge quashing a similar state law signals that the legal battle over these policies is far from over and may even arrive at the U.S. Supreme Court down the line.
The dueling court orders offer clues as to what’s next—and what legal issues are at play—as the DOJ targets similar laws that extend in-state tuition benefits to eligible students, regardless of citizenship, in California, Illinois, Kentucky, Virginia and other states.
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