HR2490-119

1. Short title This Act may be cited as the No In-State Tuition for Illegal Immigrants Act.

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— in subsection (b), by striking This section and inserting Subsection (a); and by adding at the end the following: 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). 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. 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 under HEA title IV(1)In generalA 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)IneligibilityA 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)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)..