Official Summaries

American Students First Act

This bill bars federal financial assistance from going to state public institutions of higher education if the institution offers certain benefits to non-U.S. nationals (aliens under federal law) who are not lawfully present in the United States. Specifically, these institutions may not offer these individuals (1) tuition rates that are lower than or equal to rates for in-state residents who are U.S. citizens, or (2) state-based financial aid. 

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2374 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 2374

 To amend section 505 of the Illegal Immigration Reform and Immigrant 
    Responsibility Act of 1996 to prohibit the provision of Federal 
 financial assistance to public institutions of higher education that 
    provide certain higher education benefits to aliens who are not 
     lawfully present in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2025

    Ms. Mace (for herself, Mr. Harris of Maryland, and Ms. Boebert) 
 introduced the following bill; which was referred to the Committee on 
   the Judiciary, and in addition to the Committee on Education and 
 Workforce, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend section 505 of the Illegal Immigration Reform and Immigrant 
    Responsibility Act of 1996 to prohibit the provision of Federal 
 financial assistance to public institutions of higher education that 
    provide certain higher education benefits to aliens who are not 
     lawfully present in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Students First Act''.

SEC. 2. RESTRICTING HIGHER EDUCATION BENEFITS FOR ALIENS NOT LAWFULLY 
              PRESENT.

    Section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1623) is amended--
            (1) in subsection (b), by striking ``This section'' and 
        inserting ``Subsection (a)''; and
            (2) by adding at the end the following:
    ``(c) Prohibition on Federal Financial Assistance.--
            ``(1) In general.--A public institution of higher education 
        in a State may not receive any Federal financial assistance for 
        the fiscal year following any fiscal year in which the 
        Secretary of Education determines that the institution is an 
        ineligible institution under paragraph (2).
            ``(2) Ineligibility.--A public institution of higher 
        education in a State is an ineligible institution for purposes 
        of this subsection if the institution--
                    ``(A) charges an alien who is not lawfully present 
                in the United States tuition for attendance at the 
                institution at a rate that is less than or equal to the 
                rate charged for residents of the State who are 
                citizens of the United States; or
                    ``(B) provides State-based financial aid to an 
                alien who is not lawfully present in the United States.
            ``(3) Definitions.--In this subsection:
                    ``(A) The term `Federal financial assistance' has 
                the meaning given such term in section 7501(a)(5) of 
                title 31, United States Code.
                    ``(B) The term `institution of higher education' 
                has the meaning given such term in section 101 of the 
                Higher Education Act of 1965 (20 U.S.C. 1001).
                    ``(C) The term `State' has the meaning given such 
                term in section 103 of the Higher Education Act of 1964 
                (20 U.S.C. 1003).''.
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