I 119THCONGRESS 1 STSESSION 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. IN THE HOUSE OF REPRESENTATIVES MARCH31, 2025 Mr. B URCHETTintroduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction 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. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:04 Apr 03, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2490.IH H2490 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 2490 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘No In-State Tuition 2 for Illegal Immigrants Act’’. 3 SEC. 2. RESTRICTING IN-STATE TUITION RATES FOR 4 ALIENS NOT LAWFULLY PRESENT. 5 Section 505 of the Illegal Immigration Reform and 6 Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is 7 amended— 8 (1) in subsection (b), by striking ‘‘This section’’ 9 and inserting ‘‘Subsection (a)’’; and 10 (2) by adding at the end the following: 11 ‘‘(c) P ROHIBITION ONFEDERALFINANCIALASSIST-12 ANCEUNDERHEA TITLEIV.— 13 ‘‘(1) I N GENERAL.—A State may not receive 14 any Federal financial assistance under title IV of the 15 Higher Education Act of 1965 (20 U.S.C. 1070 et 16 seq.) for the fiscal year following any fiscal year in 17 which the Secretary of Education determines that 18 the State is an ineligible State under paragraph (2). 19 ‘‘(2) I NELIGIBILITY.—A State is an ineligible 20 State for purposes of this subsection if the State 21 charges an alien who is not lawfully present in the 22 United States tuition for attendance at a public in-23 stitution of higher education in the State at a rate 24 that is equal to or less than the rate charged for 25 VerDate Sep 11 2014 23:04 Apr 03, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2490.IH H2490 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 2490 IH residents of the State who are citizens of the United 1 States. 2 ‘‘(3) D EFINITIONS.—In this subsection: 3 ‘‘(A) The term ‘Federal financial assist-4 ance’ has the meaning given such term in sec-5 tion 7501(a)(5) of title 31, United States Code. 6 ‘‘(B) The term ‘institution of higher edu-7 cation’ has the meaning given such term in sec-8 tion 101 of the Higher Education Act of 1965 9 (20 U.S.C. 1001). 10 ‘‘(C) The term ‘State’ has the meaning 11 given such term in section 103 of the Higher 12 Education Act of 1964 (20 U.S.C. 1003).’’. 13 Æ VerDate Sep 11 2014 23:04 Apr 03, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2490.IH H2490 ssavage on LAPJG3WLY3PROD with BILLS