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Code · BILL · 119th Congress · S. 3507 (Introduced in Senate) — To prevent any alien who is not lawfully admitted for permanent residence from obtaining in-State tuition rates at pu... · Sec. 3

Sec. 3. Prohibition on in-State tuition rates for aliens not lawfully admitted for permanent residence

739 words·~3 min read·/bill/119/s/3507/is/section-3·

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Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is amended to read as follows: In this section: The term in-State tuition rate means the rate of tuition and fees for attendance at a public institution of higher education of a State or political subdivision of a State that is charged for a resident of the State. The term lawfully admitted for permanent residence has the meaning given such term in section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) ).
The term out-of-State tuition rate mans the rate of tuition and fees for attendance at a public institution of higher education of a State or political subdivision of a State that is charged for a non-resident of the State. The term postsecondary education benefit means any tuition reduction, fee waiver, scholarship, grant, or other financial assistance provided by a State or political subdivision of a State for attendance at a public institution of higher education, including an in-State resident tuition rate.
The term State means the several States of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. Notwithstanding any other provision of law— an alien who is not lawfully admitted for permanent residence shall not be eligible for any postsecondary education benefit, including an in-State tuition rate, offered by a State or political subdivision of a State; and a State shall ensure that each public institution of higher education of the State or a political subdivision of a State charges an alien who is not lawfully admitted for permanent residence the out-of-State tuition rate.
Beginning on the date of enactment of the Put American Students First Act , each public institution of higher education shall verify the immigration status of each student enrolled in the institution through the Systematic Alien Verification for Entitlements
(SAVE)program operated by the Department of Homeland Security, or a successor program, prior to granting any postsecondary education benefit to the student. The verification required under paragraph
(1)shall be conducted annually for each enrolled student receiving a postsecondary education benefit. Any public institution of higher education that has provided an in-State tuition rate or fee to an alien in violation of this section— shall seek reimbursement from such alien for the difference between the in-State tuition rate and the out-of-State tuition rate for each term of enrollment, plus interest at the rate applicable to a Federal Direct Unsubsidized Stafford Loan under section 455(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(b) ) for such term of enrollment; and if reimbursement as described in subparagraph
(A)is not made within 90 days of the request, shall not allow the alien to enroll for any future terms in the institution until the reimbursement is completed. This section applies to— any alien who enrolls in a public institution of higher education on or after the date of enactment of the Put American Students First Act ; and any alien— who is a student enrolled in the public institution of higher education who enrolled before such date of enactment; and whom the institution, after completing the verification required under subsection
(c)for an academic year after such date of enactment, determines is not lawfully admitted for permanent residence. . Section 400 of the Higher Education Act of 1965 ( 20 U.S.C. 1070 ) is amended by adding at the end the following: Notwithstanding any other provision of this part, a State that the Secretary has determined has violated the requirements of section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) for a fiscal year shall be ineligible for any grant under chapter 2 of subpart 2, subpart 4, or subpart 6 for the fiscal year immediately following such determination. . Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: In the case of a public institution, the institution will comply with the requirements of section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. . Except as otherwise specified, the amendments made by this section shall take effect on the date of enactment of this Act and shall apply to academic years beginning on or after July 1, 2026.
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Sec. 3
Prohibition on in-State tuition rates for aliens not lawfully admitted for permanent residence
U.S.C.§ 1623
U.S.C.§ 1101
U.S.C.§ 1085
U.S.C.§ 1070
U.S.C.§ 1094
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