Sec. 3. American dream grants

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Subpart 4 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070c et seq. ) is amended by adding at the end the following: In this section, the term Dreamer student means an individual who— was younger than 16 years of age on the date on which the individual initially entered the United States; has provided a list of each secondary school (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965) that the student attended in the United States; and has earned a high school diploma or a commensurate alternative award from a public or private high school or secondary school, has obtained a general education development certificate recognized under State law, has obtained a high school equivalency diploma in the United States, or is scheduled to complete the requirements for such a credential before the next academic year begins; has acquired a degree from an institution of higher education or has completed not less than 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; or has served in the uniformed services for not less than 4 years and, if discharged, received an honorable discharge.

The Secretary shall issue regulations that direct when a State shall waive the requirement of subparagraph

(A)or (B), or both, of paragraph

(1)to qualify as a Dreamer student under paragraph (1), if the individual— demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph

(A)or (B), or both; and satisfies the requirement under subparagraph

(C)of paragraph (1). From the amounts appropriated to carry out this section for each fiscal year, the Secretary may reserve not more than 1 percent of such amounts to administer this section. From the amounts appropriated to carry out this section for each fiscal year and not reserved under paragraph (1), the Secretary shall award grants to eligible States to enable the States to carry out the activities described in this section. A State is eligible to receive a grant under this section if the State— increases access and affordability to higher education for students by— offering in-State tuition for Dreamer students; or expanding in-State financial aid to Dreamer students; and submits an application to the Secretary that contains an assurance that— the State has made significant progress establishing a longitudinal data system that includes the elements described in section 6201(e)(2)(D) of the America COMPETES Act ( 20 U.S.C. 9871(e)(2)(D) ); and notwithstanding any other provision of law, the State will not discriminate, in awarding student financial assistance or determining who is eligible for in-State tuition, against a Dreamer student if the student would otherwise be eligible for in-State financial aid. The Secretary shall allot the amount appropriated to carry out this section for each fiscal year and not reserved under paragraph

(1)among the eligible States in proportion to the number of Dreamer students enrolled at least half-time in postsecondary education who reside in the State for the most recent fiscal year for which satisfactory data are available, compared to the number of such students who reside in all eligible States for that fiscal year. Grant funds awarded under this section shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this section. There are authorized to be appropriated, and there are appropriated, to carry out this section— $55,000,000 for fiscal year 2015; $55,000,000 for fiscal year 2016; $60,000,000 for fiscal year 2017; $60,000,000 for fiscal year 2018; $75,000,000 for fiscal year 2019; $75,000,000 for fiscal year 2020; $85,000,000 for fiscal year 2021; $85,000,000 for fiscal year 2022; $100,000,000 for fiscal year 2023; and $100,000,000 for fiscal year 2024. . Section 281 of the Immigration and Nationality Act ( 8 U.S.C. 1351 ) is amended— by striking The fees and inserting the following: The fees ; by striking : and inserting the following: , That nonimmigrant visas Provided Nonimmigrant visas ; by striking Subject to and inserting the following: Subject to ; and by adding at the end the following: In addition to the fees authorized under subsection (a), the Secretary of Homeland Security shall collect a $150 fee from each nonimmigrant admitted under section 101(a)(15)(F)(i), which fee shall be deposited in the general fund of the Treasury. . Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is repealed. The repeal under paragraph

(1)shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ). Section 328(a) ( 8 U.S.C. 1439(a) ) is amended by inserting , without having been lawfully admitted to the United States for permanent residence, and after naturalized .

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Pub. L. 104-208

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Sec. 3

American dream grants

Pub. L.Pub. L. 104-208

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