II 

114TH CONGRESS 

1ST SESSION S. 60 

To prohibit aliens who are not lawfully present 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 SENATE OF THE UNITED STATES 

JANUARY 7, 2015 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To prohibit aliens who are not lawfully present 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, 

3 SECTION 1. PROHIBITION OF PREFERENTIAL TREATMENT 

4 FOR ILLEGAL ALIENS. 

5 (a) IN GENERAL.—Section 505 of the Illegal Immi6 gration Reform and Immigrant Responsibility Act of 1996 

7 (8 U.S.C. 1623) is amended to read as follows: 


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1 ‘‘SEC. 505. INELIGIBILITY FOR ALIENS NOT LAWFULLY 

2 PRESENT IN THE UNITED STATES TO RE3 CEIVE PREFERENTIAL POSTSECONDARY 

4 EDUCATION BENEFITS. 

5 ‘‘(a) IN GENERAL.—An alien who is not lawfully 

6 present in the United States shall not be eligible for any 

7 postsecondary education benefit unless every citizen and 

8 national of the United States is eligible to receive such 

9 a benefit (in no less an amount, duration, and scope). 

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

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

12 the United States who is enrolled at a postsecondary 

13 educational institution in the United States that is 

14 alleged to have violated subsection (a) may petition 

15 the district court of the United States in which such 

16 institution is located to enforce the restriction de17 scribed in such subsection by commencing a civil ac18 tion, on his or her own behalf, in such court against 

19 any State official that oversees such institution. 

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

21 commenced under paragraph (1) proves by a prepon22 derance of the evidence that the postsecondary edu23 cational institution in which the plaintiff was en24 rolled violated subsection (a), the court shall— 

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

26 plaintiff, including damages equal to the moneVerDate Sep 11 2014 04:26 Jan 13, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S60.IS S60

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1 tary value of any benefit provided to an alien 

2 who is not lawfully present in the United States 

3 that was denied to the plaintiff; and 

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

5 to the plaintiff.’’. 

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

7 of contents in section 1(d) of the Illegal Immigration Re8 form and Immigrant Responsibility Act of 1996 (110 Stat. 

9 3009–546) is amended by striking the item relating to sec10 tion 505 and inserting the following: 

‘‘Sec. 505. Ineligibility for aliens not lawfully present in the United States to 

receive preferential postsecondary education benefits.’’. 

Æ 


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