Protecting Student Privacy Act
- Sponsor
- Rep. Randall, Emily [D-WA-6]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Jun 3, 2026
Bottom line
The bill aims to safeguard FAFSA data from being used for immigration enforcement, ensuring that students and their families can apply for federal aid without fear of immigration-related repercussions.
What it actually does
This bill, titled the 'Protecting Student Privacy Act,' amends the Higher Education Act of 1965 to explicitly prohibit the sharing or use of personally identifiable information from the Free Application for Federal Student Aid (FAFSA) for immigration enforcement purposes. It establishes narrow exceptions for court orders related to criminal offenses and voluntary, uncoerced consent, and requires the Secretary of Education to report any violations to Congress. The bill also states that its provisions supersede any contrary federal, state, or local laws.
Proponents argue
Proponents argue that this bill is crucial for ensuring equitable access to higher education for all students, regardless of their immigration status or that of their family members. They contend that the fear of FAFSA data being used for immigration enforcement deters eligible students from applying for federal aid, thereby creating barriers to educational attainment and economic mobility. Protecting this data, they say, fosters trust in federal programs and supports the broader goal of an educated populace.
Opponents contend
Opponents, if any, might argue that the bill could impede legitimate law enforcement efforts by restricting access to information that could be relevant in certain immigration cases. They might contend that all federal data should be accessible to agencies enforcing federal laws, including immigration laws, to maintain national security and uphold the rule of law. Some might also raise concerns about creating a 'sanctuary' for certain types of data, potentially setting a precedent for other federal programs.
The bill is short and clearly written, making it highly accessible for a reader to understand its core purpose and provisions within a short timeframe.
Section 2, adding Section 494A(a) to Part G of title IV of the Higher Education Act of 1965
Prohibition on Use of Federal Student Aid Information for Immigration Enforcement
This provision establishes a general rule that personally identifiable information collected through the Free Application for Federal Student Aid (FAFSA) cannot be shared with or used by the Department of Homeland Security (DHS), other federal immigration enforcement agencies, or state/local agencies with 287(g) agreements. It also explicitly states that this information cannot be treated as subject to disclosure under Section 642 of the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 1373), which generally requires information sharing with DHS.
Supporters argue
Supporters argue this provision is essential to ensure that eligible students, particularly those from mixed-status families, feel secure enough to apply for federal financial aid without fear that their personal information will be used against them or their families for immigration enforcement. This promotes educational access and reduces barriers to higher education.
Critics contend
Critics might argue that this provision creates an unnecessary carve-out in data sharing, potentially hindering immigration enforcement efforts by limiting access to information that could be relevant in certain investigations. They may contend that all federal data should be available for law enforcement purposes when legally warranted.
Tradeoffs
This provision balances the privacy rights and educational access of students with the interests of immigration enforcement agencies in accessing data. It prioritizes student privacy and access to education over potential uses of FAFSA data for immigration enforcement.
Section 2, adding Section 494A(b) and (c) to Part G of title IV of the Higher Education Act of 1965
Exceptions to Prohibition and Anti-Coercion Clause
This provision outlines two narrow exceptions where FAFSA data *can* be disclosed for immigration enforcement: first, if required by a court order for a federal or state criminal offense committed by the student; and second, if the student or contributor individual voluntarily and expressly consents to the disclosure. Crucially, subsection (c) explicitly prohibits any agency with immigration enforcement authority from requesting or coercing consent for such disclosure, ensuring that any consent given is truly voluntary.
Section 2, adding Section 494A(d) and (e) to Part G of title IV of the Higher Education Act of 1965
Reporting Requirements and Relationship to Other Law
Subsection (d) mandates that the Secretary of Education must report to Congress if they disclose or learn of any disclosure of Federal student aid information in violation of this new section. This report must detail the circumstances, the nature of the information, and remedial steps taken. Subsection (e) clarifies that this new section supersedes any conflicting federal, state, or local laws that would otherwise authorize disclosure of FAFSA information for immigration enforcement.
The definition of 'Federal student aid information' explicitly references 'personally identifiable information (as that term is used in section 444 of the General Education Provisions Act (20 U.S.C. 1232g; commonly known as the Family Educational Rights and Privacy Act of 1974))'.
Section 2, adding Section 494A(f)(2) to Part G of title IV of the Higher Education Act of 1965
Why it matters:This is standard legislative practice to ensure legal consistency and avoid redundancy by referencing existing statutory definitions, rather than rewriting them.
Case for: Referencing FERPA's definition of PII provides a well-established legal framework for what constitutes protected information, ensuring comprehensive privacy protections for students and their families under this Act.
Case against: No specific case against referencing FERPA's definition, as it is a widely accepted standard for student privacy.
Estimated impact: Ensures that the broad and robust privacy protections afforded to student records under FERPA are applied to FAFSA data, covering a wide range of personal details.
Prohibits Federal student aid information from being 'treated as information subject to disclosure under section 642 of the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 1373)'.
Section 2, adding Section 494A(a)(2) to Part G of title IV of the Higher Education Act of 1965
Why it matters:This is a direct legislative override of an existing statute, a common method to ensure the new law takes precedence. While technically phrased, its inclusion is deliberate to address a specific legal conflict.
Case for: Supporters argue that explicitly overriding 8 U.S.C. 1373 for FAFSA data is critical to prevent its use for immigration enforcement, as 1373 broadly requires information sharing with DHS. This ensures the bill's intent is not undermined by existing law.
Case against: Opponents of the bill's overall purpose might view this as an undesirable restriction on information sharing that could otherwise aid immigration enforcement.
Estimated impact: Directly nullifies the application of a key immigration information-sharing statute (8 U.S.C. 1373) with respect to FAFSA data, significantly strengthening the privacy protections for applicants.