I 

116TH CONGRESS 

1ST SESSION H. R. 768 

To amend title IV of the Higher Education Act of 1965 to prohibit the 

provision of funds under such title to institutions of higher education 

that violate the immigration laws, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2019 

Mr. HUNTER (for himself, Mr. JONES, Mr. BIGGS, Mr. BABIN, Mr. GOHMERT, 

Mr. GROTHMAN, Mr. HICE of Georgia, and Mr. GOSAR) introduced the 

following bill; which was referred to the Committee on Education and 

Labor 

A BILL 

To amend title IV of the Higher Education Act of 1965 

to prohibit the provision of funds under such title to 

institutions of higher education that violate the immigration laws, and for other purposes. 

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 ‘‘No Funding for Sanc5 tuary Campuses Act’’. 


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1 SEC. 2. TREATMENT OF SANCTUARY CAMPUSES. 

2 (a) IN GENERAL.—Part G of title IV of the Higher 

3 Education Act of 1965 (20 U.S.C. 1088 et seq.) is amend4 ed by adding at the end the following: 

5 ‘‘SEC. 493E. TREATMENT OF SANCTUARY CAMPUSES. 

6 ‘‘(a) DEFINITION.— 

7 ‘‘(1) IN GENERAL.—For purposes of this sec8 tion, the term ‘sanctuary campus’ means any insti9 tution of higher education (as defined in section 

10 102) that— 

11 ‘‘(A) has in effect an ordinance, policy, or 

12 practice that prohibits or restricts any institu13 tional entity, official, or personnel from— 

14 ‘‘(i) sending, receiving, maintaining, 

15 or exchanging with any Federal, State, or 

16 local government entity information re17 garding the citizenship or immigration sta18 tus (lawful or unlawful) of any individual; 

19 ‘‘(ii) complying with a request lawfully 

20 made by the Secretary of Homeland Secu21 rity under section 236 or 287 of the Immi22 gration and Nationality Act (8 U.S.C. 

23 1226 or 1357) to comply with a detainer 

24 for, or notify about the release of, an indi25 vidual; or 


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1 ‘‘(iii) otherwise complying with section 

2 642 of the Illegal Immigration Reform and 

3 Immigrant Responsibility Act of 1996 (8 

4 U.S.C. 1373); 

5 ‘‘(B) brings in, or harbors, an alien in vio6 lation of section 274(a)(1)(A) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1324(a)(1)(A)); 

9 ‘‘(C) renders an alien who lacks a lawful 

10 immigration status in the United States eligible 

11 for any postsecondary education benefit pro12 vided on the basis of residence within a State 

13 (or a political subdivision of a State) to the 

14 same extent as a citizen or national of the 

15 United States is eligible for such benefit; or 

16 ‘‘(D) has in effect a policy or practice that 

17 either prohibits, or in effect prevents, the Sec18 retary of Homeland Security from gaining ac19 cess to campuses or access to students (who are 

20 17 years of age or older) on campuses, for pur21 poses of Department of Homeland Security re22 cruiting in a manner that is at least equal in 

23 quality and scope to the access to campuses and 

24 to students that is provided to any other em25 ployer. 


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1 ‘‘(2) EXCEPTIONS.—An institution of higher 

2 education shall not be considered a sanctuary cam3 pus for purposes of this section based solely on the 

4 institution having a policy under which its officials, 

5 with respect to an individual who comes forward as 

6 a victim or a witness to a criminal offense, will 

7 not— 

8 ‘‘(A) send, receive, maintain, or exchange 

9 with any Federal, State, or local government 

10 entity information regarding the citizenship or 

11 immigration status (lawful or unlawful) of the 

12 individual; or 

13 ‘‘(B) comply with a request made by the 

14 Secretary of Homeland Security under section 

15 236 or 287 of the Immigration and Nationality 

16 Act (8 U.S.C. 1226 or 1357) to comply with a 

17 detainer for, or notify about the release of, the 

18 individual. 

19 ‘‘(b) DETERMINATION BY SECRETARY OF HOME20 LAND SECURITY.—Whenever the Secretary of Homeland 

21 Security makes a determination that an institution of 

22 higher education is a sanctuary campus, the Secretary— 

23 ‘‘(1) shall transmit a notice of the determina24 tion to the Secretary of Education; and 


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1 ‘‘(2) shall publish in the Federal Register a no2 tice of the determination and the effect of the deter3 mination on the eligibility of the institution for fund4 ing under this title. 

5 ‘‘(c) EFFECT OF DETERMINATION.—An institution 

6 determined under subsection (b) to be a sanctuary campus 

7 is ineligible to receive funds under this title. 

8 ‘‘(d) SENSE OF CONGRESS.—It is the sense of the 

9 Congress that providing the public benefit of in-State tui10 tion to an alien who lacks lawful immigration status in 

11 the United States creates an incentive for illegal immigra12 tion and encourages and induces aliens to come to, enter, 

13 or reside in the United States, as described in section 

14 274(a)(1)(A)(iv) of the Immigration and Nationality Act 

15 (8 U.S.C. 1324(a)(1)(A)(iv)).’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall take effect on the date that is 90 days 

18 after the date of the enactment of this Act. 

Æ 


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