On Thursday, Nebraska Appleseed and Democracy Forward, representing Orel Alliance and the True Potential Scholarship, moved to intervene in federal court to defend Nebraska’s longstanding in-state tuition law, which makes higher education affordable for all students who graduated from Nebraska high schools.
Recently, the federal government filed a lawsuit challenging a 2006 Nebraska law that allows students with a pending immigration status or who graduated from Nebraska high schools to qualify to pay in-state tuition at public Nebraska colleges and universities.
The State of Nebraska is refusing to defend its own law, which would deny Nebraska students access to affordable education and increase their cost of attending college.
For 20 years, Nebraska’s successful in-state tuition policy has ensured students who graduate from Nebraska high schools, and meet other requirements, can pay in-state tuition and continue their education, regardless of immigration status.
This keeps tuition affordable and ensures graduates can pursue careers and contribute talents to communities as teachers, counselors, small business owners, health care providers, and many other roles.
In the words of our partners:
“The Nebraska Legislature got it right: when young people grow up here, graduate from Nebraska schools, and are ready to contribute to Nebraska’s future, we should open doors for them — not slam them shut. These students are our classmates, coworkers, neighbors, and future nurses, welders, business owners, professors, and doctors. Educating them is not charity — it is an investment in Nebraska’s future. Helping our neighbors reach their true potential makes all of Nebraska stronger,” said Ross Pesek, Co-founder of the True Potential Scholarship.
“The members of our Ukrainian refugee community came to the USA fleeing war, and — like many other refugee and immigrant community members — pay state and federal taxes. By eliminating their right to pay in-state tuition rates, Nebraska would effectively deny them access to higher education and the advancement of their English studies and professional training. These students and adult learners strengthen Nebraska, and this proposed change would shut them out of the good life. The Orel Alliance Board of Directors is committed to protect our clients’ rights to attend post-secondary education at in-state tuition rates,” said Orel Alliance Board of Directors.
In the filing, our organizations also highlight that Nebraska officials, in declining to defend the law, leave no party in the case to represent the students’ interests or the public’s interest in preserving policies enacted by the people and the legislature.
Our team is joining with Democracy Forward, on behalf of Orel Alliance and the True Potential Scholarship, to intervene in United States v. Nebraska to defend the law, protect students’ access to affordable education, and ensure the court hears from Nebraska students impacted before any decision is made.