HR2374-119

1. Short title This Act may be cited as the American Students First Act.

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— in subsection (b), by striking This section and inserting Subsection (a); and by adding at the end the following: 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). A public institution of higher education in a State is an ineligible institution for purposes of this subsection if the institution— 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 provides State-based financial aid to an alien who is not lawfully present in the United States. In this subsection: The term Federal financial assistance has the meaning given such term in section 7501(a)(5) of title 31, United States Code. 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). The term State has the meaning given such term in section 103 of the Higher Education Act of 1964 (20 U.S.C. 1003). (c)Prohibition on Federal financial assistance (1)In generalA 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)IneligibilityA 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)DefinitionsIn 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)..