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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2490 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 2490

 To amend section 505 of the Illegal Immigration Reform and Immigrant 
  Responsibility Act of 1996 to prohibit the provision of assistance 
under title IV of the Higher Education Act of 1965 to States that offer 
 in-State tuition rates to aliens who are not lawfully present in the 
                 United States, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 2025

 Mr. Burchett 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

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                                 A BILL


 
 To amend section 505 of the Illegal Immigration Reform and Immigrant 
  Responsibility Act of 1996 to prohibit the provision of assistance 
under title IV of the Higher Education Act of 1965 to States that offer 
 in-State tuition rates 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 ``No In-State Tuition for Illegal 
Immigrants Act''.

SEC. 2. RESTRICTING IN-STATE TUITION RATES 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 Under HEA Title 
IV.--
            ``(1) In general.--A State may not receive any Federal 
        financial assistance under title IV of the Higher Education Act 
        of 1965 (20 U.S.C. 1070 et seq.) for the fiscal year following 
        any fiscal year in which the Secretary of Education determines 
        that the State is an ineligible State under paragraph (2).
            ``(2) Ineligibility.--A State is an ineligible State for 
        purposes of this subsection if the State charges an alien who 
        is not lawfully present in the United States tuition for 
        attendance at a public institution of higher education in the 
        State at a rate that is equal to or less than the rate charged 
        for residents of the State who are citizens of 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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