Omaha, Neb. — Orel Alliance and the True Potential Scholarship moved to intervene in federal court today to defend longstanding state laws that make higher education affordable for students who currently attend and rely on access to in-state tuition at public colleges and universities. The filing comes as the federal government and the state of Nebraska are jointly seeking to invalidate those laws through a proposed consent judgment — without any meaningful adversarial process. Democracy Forward and Nebraska Appleseed represent the intervenors in this case.
The challenged Nebraska laws have, for nearly two decades, allowed students who have deep ties to the state — including those with pending immigration status or who graduated from Nebraska high schools — to qualify for in-state tuition and critical scholarship programs. The federal government’s lawsuit, filed with the state’s agreement not to defend its own laws, would strip thousands of students of access to affordable education and dramatically increase the cost of attending college.
“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.
“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,” Ross Pesek, co-founder of the True Potential Scholarship.
This lawsuit is the ninth such case brought by the U.S. Department of Justice to invalidate state tuition laws, and the fourth case where the state has refused to defend its own law.
“In yet another state, we are seeing an effort to dismantle access to education through a coordinated legal strategy that sidelines the people most affected while the state abdicates its responsibility in defending their laws,” said Paul Wolfson, Senior Legal Advisor at Democracy Forward. “Many students have built their lives in Nebraska and relied on longstanding state law to pursue higher education. The court should not allow a backroom agreement between federal and state officials to strip away opportunity without hearing from those whose futures are on the line. We are honored to represent these organizations and urge the court to protect students’ rights and ensure a fair process.”
“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,” said Nick Grandgenett, Immigrants & Communities Sr. Staff Attorney at Nebraska Appleseed.
In their filing, which challenges this collusive settlement, the organizations explain that the proposed consent judgment would triple tuition costs for many students, forcing many to abandon higher education altogether. They also highlight that Nebraska officials have declined to defend the law, leaving no party in the case to represent the students’ interests or the public’s interest in preserving democratically enacted policies.
If the proposed consent judgment is granted, students who currently pay in-state tuition could face costs that are nearly three times higher, putting college out of reach and upending years of planning and investment in their education. The organizations seek to intervene to defend the law, protect their access to affordable education, and ensure that the court hears from those directly impacted before any decision is made.
The case is United States v. Nebraska, and the legal team at Democracy Forward includes Orlando Economos, Joshua Salzman, and Paul Wolfson.
Read the filing here.
