I 

111TH CONGRESS 

2D SESSION H. R. 4548 

To enforce the restriction on in-State tuition for aliens unlawfully present 

in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2010 

Mr. TIAHRT (for himself, Mr. BILBRAY, Mr. HUNTER, and Mr. ALEXANDER) 

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 enforce the restriction on in-State tuition for aliens 

unlawfully present in 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 ‘‘Fairness for American 

5 Students Act’’. 


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1 SEC. 2. ENFORCING FEDERAL RESTRICTION ON IN-STATE 

2 TUITION FOR ALIENS NOT LAWFULLY 

3 PRESENT. 

4 (a) IN GENERAL.—Section 505 of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 1996 

6 (8 U.S.C. 1623) is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘on the basis of residence 

9 within a State (or a political subdivision)’’; and 

10 (B) by striking ‘‘unless a citizen’’ and all 

11 that follows through the period and inserting 

12 ‘‘unless every citizen and national of the United 

13 States is entitled to such benefit (in no less an 

14 amount, duration, and scope) without regard to 

15 the citizen or national’s place of residence or 

16 the geographic location of any school from 

17 which the citizen or national was graduated.’’; 

18 (2) by redesignating subsection (b) as sub19 section (c); 

20 (3) by inserting after subsection (a) the fol21 lowing: 

22 ‘‘(b) ENFORCEMENT BY CIVIL ACTION.— 

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

24 the United States who is attending, or is enrolled in, 

25 a postsecondary educational institution may com26 mence a civil action against any official of the instiVerDate Nov 24 2008 22:47 Jan 28, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4548.IH H4548

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1 tution, or any official of a State agency that regu2 lates the institution, to require compliance with sub3 section (a). 

4 ‘‘(2) RELIEF.—An individual prevailing in any 

5 action under paragraph (1) shall be entitled to all 

6 relief necessary to make the individual whole, includ7 ing compensation for any special damages sustained 

8 as a result of the violation (such as any additional 

9 tuition and fees paid by the plaintiff above the tui10 tion and fees charged to residents of the State or po11 litical subdivision in question), litigation costs, ex12 pert witness fees, and reasonable attorney fees.’’; 

13 and 

14 (4) by adding at the end the following: 

15 ‘‘(d) ANNUAL REPORT.—The Attorney General shall 

16 report annually to the Congress on which, if any, postsec17 ondary educational institutions are providing benefits in 

18 contravention of subsection (a). 

19 ‘‘(e) DENIAL OF FEDERAL FINANCIAL ASSIST20 ANCE.—No Federal agency shall provide any grant, reim21 bursement, or other financial assistance to any postsec22 ondary educational institution determined under sub23 section (d) to be providing benefits in contravention of 

24 subsection (a). Any funds withheld under this subsection 


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1 shall be reallocated among qualifying educational institu2 tions that are in compliance with subsection (a).’’. 

3 (b) AUTHORITY.—This section is enacted in the exer4 cise of the power of the Congress under section 5 of the 

5 14th article of amendment to the Constitution of the 

6 United States. 

Æ 


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