§ 4-108 — Public benefits; state agency or political subdivision; verification of lawful presence; employee; participation in retirement system; restriction

(1) Notwithstanding any other provisions of law, unless exempted from verification under section 4-110 or pursuant to federal law, no state agency or political subdivision of the State of Nebraska shall provide public benefits to a person not lawfully present in the United States.
(2) Except as provided in section 4-110 or if exempted by federal law, every agency or political subdivision of the State of Nebraska shall verify the lawful presence in the United States of any person who has applied for public benefits administered by an agency or a political subdivision of the State of Nebraska. This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(3) No employee of a state agency or political subdivision of the State of Nebraska shall be authorized to participate in any retirement system, including, but not limited to, the systems provided for in the Class V School Employees Retirement Act, the County Employees Retirement Act, the Judges Retirement Act, the Nebraska State Patrol Retirement Act, the School Employees Retirement Act, and the State Employees Retirement Act, unless the employee is a United States citizen or is lawfully present in the United States. The employing state agency or political subdivision of the State of Nebraska and the employee shall maintain at least one of the following documents, which shall be unexpired if applicable to the particular document or which has an expiration date that has been extended by the United States Department of Homeland Security or the United States Citizenship and Immigration Services so that such document is still valid, to demonstrate United States citizenship or lawful presence in the United States as of the employee's date of hire and produce any such document so maintained upon request of the Public Employees Retirement Board or the Nebraska Public Employees Retirement Systems:
(a) A state-issued driver's license;
(b) A state-issued identification card;
(c) A state-issued motor vehicle learner's permit;
(d) A certified copy of a birth certificate or delayed birth certificate issued in any state, territory, or possession of the United States;
(e) A Consular Report of Birth Abroad issued by the United States Department of State;
(f) A United States passport;
(g) A foreign passport with a United States visa;
(h) A United States Certificate of Naturalization;
(i) A United States Certificate of Citizenship;
(j) A tribal certificate of Native American blood or similar document;
(k) A United States Citizenship and Immigration Services Employment Authorization Document, Form I-766;
(l) A United States Citizenship and Immigration Services Permanent Resident Card, Form I-551; or
(m) Any other document issued by the United States Department of Homeland Security or the United States Citizenship and Immigration Services granting employment authorization in the United States and approved by the Public Employees Retirement Board.

Legislative History

Source: Laws 2009, LB403, § 1; Laws 2011, LB509, § 1; Laws 2024, LB198, § 1; Laws 2025, LB295, § 1. Operative Date: September 3, 2025 Cross References: Class V School Employees Retirement Act, see section 79-978.01. County Employees Retirement Act, see section 23-2331. Judges Retirement Act, see section 24-701.01. Nebraska State Patrol Retirement Act, see section 81-2014.01. School Employees Retirement Act, see section 79-901. State Employees Retirement Act, see section 84-1331.