Published: Dec 17, 2010 8:45 PM EST
Updated: Dec 17, 2010 5:45 PM EST

OMAHA, Neb. (AP) - A Nebraska judge has thrown out a lawsuit on challenging a state law that allows some illegal immigrants to pay in-state college tuition.

The lawsuit was filed on behalf of six Nebraska residents who claimed their taxes were being used to support the state's immigration-tuition law in violation of federal law.

Judge Paul Korslund said in his ruling Friday that the residents should have first gone to the federal government to ask it to challenge the law.

The state law says students whose parents brought them to the U.S. illegally may pay in-state tuition if they graduated from Nebraska high schools, lived in the state for at least three years and are pursuing legal status.

The residents' attorney Kris Kobach called the dismissal "a bump in the road."

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