No In-State Tuition for Illegal Immigrants Act
- Sponsor
- Rep. Burchett, Tim [R-TN-2]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Mar 31, 2025
Bottom line
This bill seeks to leverage federal higher education funding to compel states to deny in-state tuition rates to undocumented immigrants, potentially impacting all students in non-compliant states.
What it actually does
This bill prohibits states that offer in-state tuition rates at public institutions of higher education to aliens who are not lawfully present in the United States from receiving any federal financial assistance under Title IV of the Higher Education Act of 1965. It amends existing immigration law to establish this new condition, aiming to compel states to cease offering such tuition benefits to undocumented immigrants.
Proponents argue
Proponents argue that states should not subsidize higher education for individuals who are not lawfully present in the United States, asserting that such policies create an unfair burden on taxpayers and legal residents. They contend that federal funds should not support states that extend benefits to undocumented immigrants, aligning with principles of immigration enforcement and fiscal responsibility.
Opponents contend
Opponents would likely argue that denying in-state tuition to undocumented students creates barriers to education, potentially leading to a less educated workforce and reduced economic contributions in the long run. They might also contend that federal intervention in state tuition policies infringes on state sovereignty and that many undocumented students have lived in the U.S. for most of their lives, considering it their home. Furthermore, critics would highlight the punitive impact on U.S. citizens and legal residents who rely on federal student aid.
The bill is very short and easy to read, allowing ample time for comprehensive evaluation.
Section 2, amending 8 U.S.C. 1623
Prohibition on Federal Financial Assistance for States Offering In-State Tuition to Undocumented Aliens
This provision amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to penalize states that allow undocumented immigrants to pay in-state tuition rates at public colleges and universities. If the Secretary of Education determines a state offers such rates, that state will lose all federal financial assistance under Title IV of the Higher Education Act of 1965 for the subsequent fiscal year. This includes critical student aid programs like Pell Grants and federal loans, affecting all eligible students in public institutions within that state.
Supporters argue
Supporters argue this provision ensures federal taxpayer dollars are not used to indirectly subsidize benefits for individuals not lawfully present in the U.S. They believe it upholds the principle that legal residency should be a prerequisite for receiving state-subsidized benefits, and that states should align their policies with federal immigration law to maintain eligibility for federal funds.
Critics contend
Opponents would argue that this provision punishes all students in a state, including U.S. citizens and legal residents, for state-level policy decisions regarding undocumented immigrants. They might contend it creates an undue burden on public higher education systems and could lead to a significant decrease in college enrollment and attainment, particularly for low-income students who rely on federal aid. Furthermore, they would argue it infringes on state sovereignty.
Tradeoffs
The bill creates a tension between state autonomy in setting tuition policies and federal control over immigration and funding. It forces states to choose between maintaining in-state tuition for undocumented students and receiving crucial federal financial aid for all their public university students, creating a high-stakes policy dilemma.