No In-State Tuition for Illegal Immigrants Act
Summary
What This Bill Does
The No In-State Tuition for Illegal Immigrants Act amends section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act. A state becomes ineligible for Higher Education Act title IV federal financial assistance in the next fiscal year if the Secretary of Education determines that the state charges an alien not lawfully present in the United States a public-college tuition rate equal to or lower than the rate charged to resident U.S. citizens. The enforcement mechanism is not a direct tuition ban; it is a federal-funding penalty on states that keep resident-rate or lower tuition for unlawfully present students.
Who Benefits and How
Citizen students paying resident tuition benefit politically because the bill seeks to reserve resident-rate public tuition advantages for citizens and other lawfully eligible students. Opponents of in-state tuition for unlawfully present students benefit because the bill creates a federal funding penalty for states that maintain those policies. States that do not offer resident-rate tuition to unlawfully present students benefit by avoiding the new title IV funding risk. Department of Education enforcement offices benefit from a clear statutory test for identifying ineligible states.
Who Bears the Burden and How
States offering resident-rate tuition to unlawfully present students risk losing title IV federal financial assistance in the following fiscal year. Undocumented college students bear higher tuition costs if states repeal resident-rate policies to avoid the federal penalty. Public colleges in penalized states could lose access to title IV-related federal financial assistance streams. State higher education agencies must monitor tuition classifications and respond to Department of Education determinations.
Key Provisions
- Prohibits title IV federal financial assistance to states found to be ineligible in the prior fiscal year.
- Defines an ineligible state as one charging unlawfully present students public-college tuition equal to or below resident citizen rates.
- Directs the Secretary of Education to make the state ineligibility determination.
- Uses federal higher education funding as leverage against resident-rate tuition policies for unlawfully present students.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Cuts off Higher Education Act title IV federal financial assistance to states that charge unlawfully present students public-college tuition equal to or below the resident citizen rate.
Key Policy Areas
Higher Education, Immigration, Federal Funding
Primary Purpose
Cuts off Higher Education Act title IV federal financial assistance to states that charge unlawfully present students public-college tuition equal to or below the resident citizen rate.
Policy Domains
Resolution provisions
Identified Gains
- Citizen resident-tuition students
- Tuition-restriction advocates
- Compliant state governments
- Department of Education enforcement offices
Identified Costs
- States offering undocumented-student resident tuition
- Undocumented college students
- Public colleges in penalized states
- State higher education agencies
Sponsors
Legislative Progress
In CommitteeMr. Burchett introduced the following bill; which was referred to …
Referred to the Committee on the Judiciary, and in addition …
Introduced in House
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Citizen resident-tuition students, Public colleges in penalized states, Undocumented college students
Positive-direction: Citizen resident-tuition students
Negative-direction: Public colleges in penalized states, Undocumented college students
States offering undocumented-student resident tuition
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology