I 

118TH CONGRESS 

1ST SESSION H. R. 1701 

To prohibit discrimination in higher education against certain noncitizen 

students on the basis of immigration status, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2023 

Mr. GALLEGO (for himself, Mr. STANTON, Mr. ESPAILLAT, Mr. SOTO, Ms. 

BARRAGA ́N, and Ms. GARCIA of Texas) introduced the following bill; 

which was referred to the Committee on Education and the Workforce, 

and in addition to the Committee on the Judiciary, 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 discrimination in higher education against certain 

noncitizen students on the basis of immigration status, 

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 ‘‘Higher Education 

5 Dream Act of 2023’’. 


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1 SEC. 2. HIGHER EDUCATION FOR DREAMER STUDENTS. 

2 Part B of title I of the Higher Education Act of 1965 

3 (20 U.S.C. 1011 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 124. NONDISCRIMINATION AGAINST DREAMER STU6 DENTS IN HIGHER EDUCATION. 

7 ‘‘(a) ELIGIBILITY.—An institution of higher edu8 cation that receives Federal funds or financial assistance 

9 under any Federal program shall not prohibit a Dreamer 

10 student from applying for admission, nor shall it prohibit 

11 a Dreamer student who is accepted to that institution 

12 from enrolling. 

13 ‘‘(b) ADMISSIONS.—An institution of higher edu14 cation that receives Federal funds or financial assistance 

15 under any Federal program shall not discriminate against 

16 or penalize in the admissions process a Dreamer student 

17 who is otherwise qualified for admission to the institution, 

18 on the basis of that individual’s immigration status, nor 

19 shall such an institution differentiate in the admissions 

20 process on the basis of residency between a United States 

21 citizen applicant and a Dreamer student applying from the 

22 same State. 

23 ‘‘(c) TUITION RATE.—An institution of higher edu24 cation that receives Federal funds or financial assistance 

25 under any Federal program shall not charge a greater rate 

26 of tuition than the rate charged for residents of the State 


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1 in which the institution is located to a Dreamer student 

2 who, but for such individual’s immigration status, other3 wise qualifies as a resident of the State in which the insti4 tution is located. 

5 ‘‘(d) REMEDIES.—An institution of higher education 

6 that violates subsection (a), (b), or (c) shall be subject to 

7 the remedies described in sections 454 and 455 of the 

8 General Education Provisions Act (8 U.S.C. 1234c, 

9 1234d). 

10 ‘‘(e) CONFIDENTIALITY OF INFORMATION.— 

11 ‘‘(1) PROHIBITION.—No officer or employee of 

12 the United States, of a State, or of an institution of 

13 higher education that receives Federal funds or fi14 nancial assistance under any Federal program to 

15 which a Dreamer student applies for admission or 

16 enrolls, may— 

17 ‘‘(A) use the information furnished by the 

18 Dreamer student to arrest, detain, or initiate 

19 removal proceedings against any person identi20 fied in that information; 

21 ‘‘(B) make any publication whereby the in22 formation furnished by any particular Dreamer 

23 student can be identified; or 

24 ‘‘(C) permit anyone other than an officer 

25 or employee of the Federal Government or the 


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1 institution of higher education to which a 

2 Dreamer student applies or enrolls, to examine 

3 any information provided by a Dreamer student 

4 relating to that individual’s immigration status 

5 or qualifications to be a Dreamer student. 

6 ‘‘(2) PENALTY.—Whoever knowingly uses, pub7 lishes, or permits information to be examined in vio8 lation of this subsection shall be fined not more than 

9 $50,000. 

10 ‘‘(f) DEFINITION OF DREAMER STUDENT.—In this 

11 section, the term ‘Dreamer student’ means an individual 

12 who— 

13 ‘‘(1) is not a national of the United States (as 

14 defined in section 101(a)(21) of the Immigration 

15 and Nationality Act (8 U.S.C. 1101(21))); 

16 ‘‘(2) maintains a residence in the United States 

17 (as defined in section 101(a)(33) of such Act (8 

18 U.S.C. 1101(33))); 

19 ‘‘(3)(A) is not authorized to be temporarily in 

20 the United States under subparagraph (F), (J), (M), 

21 or (Q) of section 101(a)(15) of such Act (8 U.S.C. 

22 1101(a)(15)); or 

23 ‘‘(B) does not have an application pending for 

24 the purpose of seeking such authorization; 


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1 ‘‘(4)(A) possesses a valid document or docu2 ments demonstrating that the individual is in a law3 ful immigration status in the United States (exclud4 ing a nonimmigrant status under subparagraph (F), 

5 (J), (M), or (Q) of section 101(a)(15) of such Act 

6 (8 U.S.C. 1101(a)(15))); 

7 ‘‘(B) possesses a valid document or documents 

8 demonstrating that the individual is lawfully present 

9 in the United States (excluding lawful presence, or 

10 a pending application, under any of such subpara11 graphs); 

12 ‘‘(C) possesses an expired document or docu13 ments demonstrating that the individual, in the past, 

14 was granted— 

15 ‘‘(i) deferred action pursuant to the De16 ferred Action for Childhood Arrivals policy an17 nounced by the Secretary of Homeland Security 

18 on June 15, 2012; 

19 ‘‘(ii) temporary protected status under sec20 tion 244 of the Immigration and Nationality 

21 Act (8 U.S.C. 1254a); 

22 ‘‘(iii) Deferred Enforced Departure; or 

23 ‘‘(iv) status as the son or daughter of an 

24 alien admitted as a nonimmigrant under sub25 paragraph (E)(i), (E)(ii), (H)(i)(b), or (L) of 


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1 section 101(a)(15) of such Act (8 U.S.C. 

2 1101(a)(15)); or 

3 ‘‘(D) would have been eligible for deferred ac4 tion pursuant to the Deferred Action for Childhood 

5 Arrivals policy announced by the Secretary of Home6 land Security on June 15, 2012, if not for the court 

7 orders of the United States Court of Appeals for the 

8 Fifth Circuit in Texas et al. v. United States of 

9 America et al., No. 21–40680 (Oct. 5, 2022) and 

10 the United States District Court for the Southern 

11 District of Texas in Texas, et al., v. United States 

12 of America, et al., 1:18–CV–00068, (July 16, 2021), 

13 and has never engaged in conduct that would render 

14 the individual ineligible for that relief; 

15 ‘‘(5) was 18 years of age or younger on the 

16 date on which the individual initially entered the 

17 United States; 

18 ‘‘(6) has provided a list of each secondary 

19 school that the student attended in the United 

20 States; and 

21 ‘‘(7)(A) has earned a high school diploma, the 

22 recognized equivalent of such diploma from a sec23 ondary school, or a high school equivalency diploma 

24 in the United States or is scheduled to complete the 


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1 requirements for such a diploma or equivalent before 

2 the next academic year begins; 

3 ‘‘(B) has acquired a degree from an institution 

4 of higher education or is enrolled in a program for 

5 a baccalaureate degree or higher degree at an insti6 tution of higher education in the United States; or 

7 ‘‘(C) has served in the uniformed services, as 

8 defined in section 101 of title 10, United States 

9 Code, for not less than 4 years and, if discharged, 

10 received an honorable discharge.’’. 

11 SEC. 3. FEDERAL AID ELIGIBILITY. 

12 Section 484(a)(5) of the Higher Education Act of 

13 1965 (20 U.S.C. 1091(a)(5)) is amended by inserting ‘‘a 

14 Dreamer student (as defined in section 124(f)),’’ after 

15 ‘‘permanent resident of the United States,’’. 

16 SEC. 4. REPEAL OF PROHIBITION. 

17 Section 505 of the Illegal Immigration Reform and 

18 Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is 

19 repealed. 

Æ 


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