I 

116TH CONGRESS 

1ST SESSION H. R. 1190 

To prohibit an alien who is not in a lawful immigration status in the 

United States from being eligible for postsecondary education benefits 

that are not available to all citizens and nationals of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2019 

Mr. GOSAR (for himself, Mr. MEADOWS, Mr. WEBER of Texas, Mr. BIGGS, 

Mr. KING of Iowa, Mr. DESJARLAIS, Mr. DUNCAN, and Mr. BABIN) introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committee on Education and Labor, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit an alien who is not in a lawful immigration 

status in the United States from being eligible for postsecondary education benefits that are not available to 

all citizens and nationals of the United States. 

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


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•HR 1190 IH

1 SECTION 1. PROHIBITION OF PREFERENTIAL TREATMENT 

2 FOR ILLEGAL ALIENS. 

3 (a) IN GENERAL.—Section 505 of the Illegal Immi4 gration Reform and Immigrant Responsibility Act of 1996 

5 (8 U.S.C. 1623) is amended to read as follows: 

6 ‘‘SEC. 505. INELIGIBILITY FOR ALIENS NOT IN LAWFUL IM7 MIGRATION STATUS IN THE UNITED STATES 

8 TO RECEIVE PREFERENTIAL POSTSEC9 ONDARY EDUCATION BENEFITS. 

10 ‘‘(a) IN GENERAL.—An alien who is not in a lawful 

11 immigration status in the United States shall not be eligi12 ble for any postsecondary education benefit unless every 

13 citizen and national of the United States is eligible to re14 ceive such a benefit (in no less an amount, duration, and 

15 scope). 

16 ‘‘(b) ENFORCEMENT THROUGH CIVIL ACTION.— 

17 ‘‘(1) IN GENERAL.—Any citizen or national of 

18 the United States who is enrolled at a postsecondary 

19 educational institution in the United States that is 

20 alleged to have violated subsection (a) may petition 

21 the district court of the United States in which such 

22 institution is located to enforce the restriction de23 scribed in such subsection by commencing a civil ac24 tion, on his or her own behalf, in such court against 

25 any State official that oversees such institution. 


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•HR 1190 IH

1 ‘‘(2) RELIEF.—If the plaintiff in a civil action 

2 commenced under paragraph (1) proves by a prepon3 derance of the evidence that the postsecondary edu4 cational institution in which the plaintiff was en5 rolled violated subsection (a), the court shall— 

6 ‘‘(A) provide all appropriate relief to the 

7 plaintiff, including damages equal to the mone8 tary value of any benefit provided to an alien 

9 who is not in a lawful immigration status in the 

10 United States that was denied to the plaintiff; 

11 and 

12 ‘‘(B) award attorneys’ fees and court costs 

13 to the plaintiff.’’. 

14 (b) TABLE OF CONTENTS AMENDMENT.—The table 

15 of contents in section 1(d) of the Illegal Immigration Re16 form and Immigrant Responsibility Act of 1996 (110 Stat. 

17 3009–546) is amended by striking the item relating to sec18 tion 505 and inserting the following: 

‘‘Sec. 505. Ineligibility for aliens not in lawful immigration status in the United 

States to receive preferential postsecondary education benefits.’’. 

Æ 


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