The committee stumbled over language in the bill that would prohibit illegal immigrants who have graduated from Nebraska high schools from paying only resident tuition, instead of out-of-state tuition.

Heineman and Attorney General Jon Bruning had invested a lot of political capital in the measure which would require state agencies to verify that residents applying for state benefits are in the country legally. It is not known how many illegal immigrants are receiving state benefits, if any.

The committee has dug in its heels and appears to be unwilling to consider the in-state tuition portion of the bill. In 2006 the unicameral approved a measure to allow children of illegal immigrants who have graduated from a Nebraska high school to attend the university by paying resident tuition. University officials have said that 28 students have used this provision since 2006. The governor's bill stipulates that this provision be removed, even though the legislature debated the issue long and hard in 2006. They are understandably not eager to go through it again, or at least not so soon. They have indicated that if the governor would back down on the tuition issue, they may be more receptive to his other points.

Opponents insist that federal law already forbids illegal immigrants from receiving public funds. The governor feels that state agencies have not verified that applicants for state benefits are legal residents of the United States. His bill sought to demand all local and state offices verify that applicants are legally entitled to the benefits.

The governor and attorney general have demanded all of their points be dealt with in the legislation. Their goal is to be lauded and most Nebraskans would agree with the verification process of the bill. Unfortunately, the elected officers have painted themselves in a corner by not compromising on the tuition portion of the bill.

If the governor wants to get something done immediately, he could sign an executive order requiring verification of applicants by all state agencies under his direction. That would go a long way to getting more accountability into the system. If department heads cannot get the verification done properly, they would be accountable to the governor. While it would not achieve all of the things the governor sought, it would point the agencies in the right direction and get action. They could deal with local agencies in the next session. It is better than sitting on the bench while the game goes on. The public just wants to see some action on the immigration issue.

In his State of the State address, Heineman has consistently urged collaboration to get the best results from the legislature. His compromise on this bill would get the ball rolling on immigration. The executive order would get the state agencies on notice that they are on the front lines of the effort to conserve Nebraska tax dollars for the use of verified, legitimate residents of the state and the nation.