Introduced in House — H.R. 2490

119th CONGRESS

1st Session

H. R. 2490

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

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.

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).