I

104TH CONGRESS

2D SESSION H. R. 4134

To amend the Immigration and Nationality Act to authorize States to deny

public education benefits to aliens not lawfully present in the United

States who are not enrolled in public schools during the period beginning

September 1, 1996, and ending July 1, 1997.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 24, 1996

Mr. GALLEGLY introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Economic

and Educational Opportunities, 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 amend the Immigration and Nationality Act to authorize

States to deny public education benefits to aliens not

lawfully present in the United States who are not enrolled in public schools during the period beginning September 1, 1996, and ending July 1, 1997.

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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1 SECTION 1. AUTHORIZING STATES TO DENY PUBLIC EDU2 CATION BENEFITS TO CERTAIN ALIENS NOT

3 LAWFULLY PRESENT IN THE UNITED STATES.

4 (a) IN GENERAL.—The Immigration and Nationality

5 Act is amended by adding after title V the following new

6 title:

7 ‘‘TITLE VI—AUTHORIZING STATES TO DIS8 QUALIFY CERTAIN ALIENS NOT LAWFULLY

9 PRESENT IN THE UNITED STATES FROM

10 PUBLIC EDUCATION BENEFITS

11 ‘‘CONGRESSIONAL POLICY REGARDING INELIGIBILITY OF

12 ALIENS NOT LAWFULLY PRESENT IN THE UNITED

13 STATES FOR PUBLIC EDUCATION BENEFITS

14 ‘‘SEC. 601. (a) STATEMENT OF POLICY.—Because

15 Congress views that the right to a free public education

16 for aliens who are not lawfully present in the United

17 States promotes violations of the immigration laws and be18 cause such a free public education for such aliens creates

19 a significant burden on States’ economies and depletes

20 States’ limited educational resources, Congress declares it

21 to be the policy of the United States that—

22 ‘‘(1) aliens who are not lawfully present in the

23 United States are not entitled to public education

24 benefits in the same manner as United States citi25 zens, nationals, and lawful resident aliens; and
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1 ‘‘(2) States should not be obligated to provide

2 public education benefits to aliens who are not law3 fully present in the United States.

4 ‘‘(b) CONSTRUCTION.—Nothing in this section shall

5 be construed as expressing any statement of Federal pol6 icy with regard to—

7 ‘‘(1) aliens who are lawfully present in the

8 United States,

9 ‘‘(2) benefits other than public education bene10 fits provided under State law, or

11 ‘‘(3) preventing the exclusion or deportation of

12 aliens unlawfully present in the United States.

13 ‘‘AUTHORITY OF STATES

14 ‘‘SEC. 602. (a) IN GENERAL.—In order to carry out

15 the policies described in section 601, each State may pro16 vide, subject to subsection (f), with respect to an alien who

17 is not lawfully present in the United States that—

18 ‘‘(1) the alien is not eligible for public education

19 benefits under State law; or

20 ‘‘(2) the alien is required, as a condition of ob21 taining such benefits, to pay a fee in an amount con22 sistent with the following:

23 ‘‘(A) In the case of a State that requires

24 payment of a fee of nonresidents as a condition

25 of obtaining such benefits, the amount of such

26 nonresident fee.
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1 ‘‘(B) In the case of any other State, an

2 amount specified by the State, not to exceed the

3 average per pupil expenditures for such benefits

4 (as determined by the State and selected by the

5 State either for the State or for the local edu6 cational agency involved).

7 ‘‘(b) INDIVIDUALS NOT LAWFULLY PRESENT IN THE

8 UNITED STATES.—For purposes of subsection (a), an in9 dividual shall be considered to be not lawfully present in

10 the United States unless the individual (or, in the case

11 of an individual who is a child, another on the child’s be12 half)—

13 ‘‘(1) declares in writing under penalty of per14 jury that the individual (or child) is a citizen or na15 tional of the United States and (if required by a

16 State) presents evidence of United States citizenship

17 or nationality; or

18 ‘‘(2)(A) declares in writing under penalty of

19 perjury that the individual (or child) is not a citizen

20 or national of the United States but is an alien law21 fully present in the United States, and

22 ‘‘(B) presents either—

23 ‘‘(i) documentation described in section

24 1137(d)(2) of the Social Security Act, or
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1 ‘‘(ii) such other documents as the State de2 termines constitutes reasonable evidence indi3 cating that the individual (or child) is an alien

4 lawfully present in the United States.

5 ‘‘(c) PROCEDURES FOR SCREENING.—If a State pro6 vides for immigration eligibility screening pursuant to this

7 section for individuals who are seeking public education

8 benefits, the State shall provide for such screening for all

9 individuals seeking such benefits.

10 ‘‘(2) A State may (at its option) verify with the Serv11 ice the alien’s immigration status through a system for

12 alien verification of eligibility (SAVE) described in section

13 1137(d)(3) of the Social Security Act (42 U.S.C. 1320b–

14 7(d)(3)).

15 ‘‘(d) OPPORTUNITY FOR FAIR HEARING.—If a State

16 denies public education benefits under this section with

17 respect to an alien, the State shall provide the alien with

18 an opportunity for a fair hearing to establish that the alien

19 has been determined by the Service to be lawfully present

20 in the United States, consistent with subsection (b) and

21 Federal immigration law.

22 ‘‘(e) NO REQUIREMENT TO DENY FREE PUBLIC

23 EDUCATION.—No State shall be required by this section

24 to deny public education benefits to any alien not lawfully

25 present in the United States.
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1 ‘‘(f) NO AUTHORITY TO DENY FREE PUBLIC EDU2 CATION TO STUDENTS ENROLLED AT ANY TIME DURING

3 THE PERIOD BEGINNING SEPTEMBER 1, 1996, AND END4 ING JULY 1, 1997.—(1) A State may not deny, and may

5 not require payment of a fee as a condition for the receipt

6 of, public education benefits under this section with re7 spect to a protected alien.

8 ‘‘(2) For purposes of this subsection, the term ‘pro9 tected alien’ means an alien who is not lawfully present

10 in the United States and is enrolled as a student in a pub11 lic elementary or secondary school in the United States

12 at any time during the period beginning September 1,

13 1996, and ending July 1, 1997.

14 ‘‘(g) NO IMPACT ON IMMIGRATION STATUS.—Noth15 ing in this section or section 601 shall be construed as

16 affecting the immigration status of any alien, including

17 the conferring of any immigration benefit or change in any

18 proceedings under this Act with respect to the alien.’’.

19 (b) CLERICAL AMENDMENT.—The table of contents

20 is amended by adding at the end the following new items:

‘‘TITLE VI—AUTHORIZING STATES TO DISQUALIFY CERTAIN

ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES

FROM PUBLIC EDUCATION BENEFITS

‘‘Sec. 601. Congressional policy regarding ineligibility of aliens not lawfully

present in the United States for public education benefits.

‘‘Sec. 602. Authority of States.’’.

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