The Orel Alliance and True Potential Scholarship filed a motion to intervene in U.S. v. Nebraska. These two organizations are directly impacted by the case, which targets a nearly two-decade-old Nebraska law. Orel Alliance serves Ukrainian refugees and immigrants, and the True Potential Scholarship supports DACA recipients. Democracy Forward and Nebraska Appleseed represent the organizations.
The lawsuit, filed by the U.S. Department of Justice (DOJ), sought to invalidate a state law allowing noncitizen students with deep ties to Nebraska to qualify for in-state tuition rates and scholarship programs. Rather than defend the law, Nebraska state officials sided with the federal government, agreeing to a deal that would effectively dismantle access to affordable higher education for thousands of students.
For almost 20 years, the challenged law had allowed students who lived in Nebraska for at least three years and graduated from a Nebraska high school, regardless of immigration status, to pay in-state tuition at public colleges and universities. If overturned, affected students would face tuition costs nearly three times higher, putting college out of reach for many.
The U.S. District Court for the District of Nebraska denied the motion to intervene, stating that the organizations lacked arguments to participate in the case. The intervenors filed a notice of appeal challenging the court’s order.
On May 22, 2026, since their motion to intervene was denied, Orel Alliance and True Potential Scholarship filed an amicus brief in support of their arguments against the consent decree, stating that the litigation is a collusive effort by federal and state officials to circumvent the Nebraska Legislature, which has repeatedly refused to repeal the challenged in-state tuition laws.
The intervenors asked the court to stop the effects of any agreement between the DOJ and Nebraska while the case is pending. However, on June 3, 2026, this request was denied, and the court granted the consent decree.
On June 5, 2026, intervenors filed a notice of appeal.
Timeline
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U.S. v. Nebraska was filed
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Orel Alliance and True Potential Scholarship filed a motion to intervene
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U.S. District Court for the District Court of Nebraska denies motion to intervene
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Amicus brief filed in opposition to order denying motion to intervene.
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Intervenors file motion to stay pending appeal
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U.S. District Court for the District Court of Nebraska denies intervention and grants consent decree.
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Notice of appeal filed
