Nebraska State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article explains Nebraska’s immigration rules and policies. Learn more about:

• Law enforcement and immigration in Nebraska
• Employment checks
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks and tuition costs
• Voting ID rules
• Housing ordinances and immigration
• How an immigration lawyer can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in Nebraska should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Nebraska

To improve collaboration between state and federal agencies in enforcing immigration laws, U.S. Immigration and Customs Enforcement (ICE) implemented Section 287(g) of the Immigration and Nationality Act (INA). This section gave ICE the authority to allow state law enforcement agencies to perform certain immigration functions. These functions include:

• Identifying and processing the removal of arrested immigrants without legal documentation, particularly those with criminal charges.
• Serving and executing administrative warrants to immigrants

In Nebraska, the Dakota County Sheriff’s Office participates in implementing Section 287(g).

The federal government agencies that administer the immigration laws in the country are:

The Department of Homeland Security (DHS) — A federal government agency tasked with ensuring the safety and security of the country from domestic and foreign threats. It oversees border security and immigration enforcement and coordinates emergency response. The DHS and its components also manage different aspects of immigration.

U.S. Citizenship and Immigration Services (USCIS) — The USCIS is a part of the DHS and manages and oversees immigration in the United States. It processes visa applications and immigration benefits such as:

• Legal Permanent Residency or green card application
• Helping people become U.S. citizens or naturalization
• Other U.S. visas

U.S. Immigration and Customs Enforcement (ICE) — ICE is a federal agency within DHS. It ensures public safety by enforcing customs, trade, and border control laws. It’s also tasked with investigating, detaining, and deporting people who violate immigration laws. This agency also handles matters related to smuggling and human trafficking.

Federal Bureau of Investigation (FBI) — The bureau has a wide range of responsibilities. It works as an intelligence agency and an investigative body. In immigration law, it works with crimes like the smuggling of people, human trafficking, and visa fraud.

Employment Checks

In Nebraska, DHS requires employers and contractors to use E-Verify. E-Verify verifies an applicant’s employment eligibility in the United States. This became law through Legislative Bill 403 on April 8, 2009, and took effect on Oct. 1, 2009.

The bill also asks employers to check the legal status of applicants seeking public benefits.

Driver’s License and ID Requirements

Nebraska does not allow immigrants living here illegally to get driver’s licenses or Nebraska identification cards. But the system may allow Deferred Action for Childhood Arrival (DACA) recipients to get identification cards.

If you want to apply for a Nebraska driver’s license, you need to show the following:

• One document showing your full name and date of birth
• Two documents showing your address in Nebraska
• Proof of your Social Security number

Public Benefits Restrictions

The United States does not extend public benefits to immigrants without proper documentation. They can’t use the following benefits:

• Supplemental Security Income (SSI)
• Regular Medicaid
• Temporary Assistance for Needy Families (TANF)
• Supplemental Nutrition Assistance Program (SNAP)

Despite this, immigrants may use necessary health care services to protect life and safety. These services include the following:

• Emergency medical benefits
• Short-term emergency disaster relief
• Access to treatment in emergency rooms

Education Checks and Tuition Costs

Legislative Bill 239 (L.B. 239) passed on April 13, 2006. It touched on the eligibility of undocumented immigrants in Nebraska for education benefits. L.B. 239 allows undocumented students, Deferred Action for Childhood Arrivals (DACA) recipients, and asylees or refugees to access in-state tuition. But to qualify, the student must have: 

• Lived with a parent or guardian while attending school in Nebraska
• Graduated from a private or public high school in Nebraska or gained a GED from the state
• Lived in the state for three years before graduating from high school or getting a GED
• Registered as an applicant for college in Nebraska
• Filed an affidavit declaring that they will file for permanent residency at the earliest possible time

Voting ID Rules

Nebraska signed Legislative Bill 514 (L.B. 514) into law on June 1, 2023. The law demands voter identification. The voter ID requirement was first used during the statewide primary election on May 14, 2024. 

There are several forms of acceptable ID voters can use, including:

• Nebraska driver’s license or state ID
• Nebraska college ID
• Military ID
• U.S passport
• Tribal ID

Housing Ordinances and Immigration

The U.S. Fair Housing Act protects people’s rights to fair housing. The act bans discrimination in housing activities such as buying, renting, getting a mortgage, or using housing assistance. So anyone can have access to fair housing regardless of the following:

• National origin
• Race
• Religion
• Sex
• Familial status
• Disability

Get Legal Help With Your Immigration Issue

Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, immigration attorneys can offer legal advice tailored to your specific situation. 

An experienced lawyer can help you with a range of immigration issues, including:

• Processing U.S. visas
• Acquiring U.S. citizenship or naturalization
• Obtaining lawful permanent residency or a green card
• Petitioning family members to the U.S.
• Providing legal representation in immigration court
• Advocating for a family member who has been detained
• Other immigration law matters

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Nebraska. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Nebraska: Related Resources

Several groups and nonprofit organizations in Nebraska offer legal assistance to immigrant communities:

• The Nebraska Immigration Legal Assistance Hotline provides a central point of contact for immigrants seeking legal assistance. It collaborates with charities and volunteer groups to give legal aid to immigrants and nonimmigrants.
• Saint Mary’s Immigration Program provides various immigration legal services, including adjustment of immigration status, consular processing, visa applications, and more. This nonprofit organization is recognized by the Department of Justice. 
• University of Nebraska College of Law offers an immigration clinic that allows law students to represent clients with different immigration issues.
• Lutheran Family Services (Omaha Office) offers various immigration legal services at affordable rates. It serves low-income immigrants.