II 

118TH CONGRESS 

1ST SESSION S. 2983 

To prohibit the use of the facilities of a public elementary school, a public 

secondary school, or an institution of higher education receiving funding 

from the Department of Education to provide shelter for aliens who 

have not been admitted into the United States. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2023 

Mr. CRUZ (for himself, Mr. COTTON, Mr. BUDD, Mr. HAWLEY, and Mr. 

BRAUN) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To prohibit the use of the facilities of a public elementary 

school, a public secondary school, or an institution of 

higher education receiving funding from the Department 

of Education to provide shelter for aliens who have not 

been admitted into the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Schools Not Shelters 

5 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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•S 2983 IS

1 (1) APPLICABLE PROGRAM.—The term ‘‘appli2 cable program’’ has the meaning given such term in 

3 section 400(c) of the General Education Provisions 

4 Act (20 U.S.C. 1221(c)). 

5 (2) ELEMENTARY SCHOOL; SECONDARY

6 SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec7 ondary school’’ have the meanings given such terms 

8 in section 8101 of the Elementary and Secondary 

9 Education Act of 1965 (20 U.S.C. 7801). 

10 (3) FEDERAL FINANCIAL ASSISTANCE.—The 

11 term ‘‘Federal financial assistance’’ has the meaning 

12 given such term in section 7501(a) of title 31, 

13 United States Code. 

14 (4) INSTITUTION OF HIGHER EDUCATION.—The 

15 term ‘‘institution of higher education’’— 

16 (A) has the meaning given such term in 

17 section 102(a) of the Higher Education Act of 

18 1965 (20 U.S.C. 1002); and 

19 (B) does not include an institution that is 

20 not located in a State. 

21 (5) SHELTER OR HOUSING.—The term ‘‘shelter 

22 or housing’’— 

23 (A) means emergency shelter or housing 

24 provided exclusively to specified aliens under 


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•S 2983 IS

1 order of the Federal Government, a State, or a 

2 unit of local government; and 

3 (B) does not include short-term emergency 

4 shelter made necessary by a specified disaster. 

5 (6) SHORT-TERM.—The term ‘‘short-term’’ 

6 means a duration of not more than 72 hours. 

7 (7) SPECIFIED ALIEN.—The term ‘‘specified 

8 alien’’— 

9 (A) has the meaning given the term 

10 ‘‘alien’’ in section 101(a) of the Immigration 

11 and Nationality Act (8 U.S.C. 1101(a)); and 

12 (B) does not include any alien who has 

13 been admitted to the United States. 

14 (8) SPECIFIED DISASTER.—The term ‘‘specified 

15 disaster’’ means— 

16 (A) a fire on public or private forest land 

17 or grassland described in section 420(a) of the 

18 Robert T. Stafford Disaster Relief and Emer19 gency Assistance Act (42 U.S.C. 5187(a)); and 

20 (B) any fire, flood, explosion, hurricane, 

21 tornado, storm, high water, wind-driven water, 

22 tidal wave, tsunami, earthquake, volcanic erup23 tion, landslide, mudslide, snowstorm, or drought 

24 for which a disaster declaration is made by the 

25 Federal Government or by a State. 


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•S 2983 IS

1 (9) STATE.—The term ‘‘State’’ means any 

2 State of the United States, the District of Columbia, 

3 Puerto Rico, the Virgin Islands, Guam, American 

4 Samoa, and the Commonwealth of the Northern 

5 Mariana Islands. 

6 SEC. 3. PROHIBITION ON USE OF SCHOOL OR INSTITUTION 

7 FACILITIES TO SHELTER SPECIFIED ALIENS. 

8 Notwithstanding subparagraphs (B) and (D) of sec9 tion 401(b)(1) of the Personal Responsibility and Work 

10 Opportunity Reconciliation Act of 1996 (8 U.S.C. 

11 1611(b)(1)) and paragraphs (2) and (4) of section 411(b) 

12 of such Act (8 U.S.C. 1621(b)), a public elementary 

13 school, a public secondary school, or an institution of high14 er education may not receive Federal financial assistance 

15 under any applicable program if the facilities of such 

16 school or institution are used to provide shelter or housing 

17 for specified aliens. 

Æ 


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