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.

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. Prohibition of preferential treatment for illegal aliens (a) In general Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 505. Ineligibility for aliens not lawfully present in the United States to receive preferential postsecondary education benefits (a) In general An alien who is not lawfully present in the United States shall not be eligible for any postsecondary education benefit unless every citizen and national of the United States is eligible to receive such a benefit (in no less an amount, duration, and scope). (b) Enforcement through civil action (1) In general Any citizen or national of the United States who is enrolled at a postsecondary educational institution in the United States that is alleged to have violated subsection (a) may petition the district court of the United States in which such institution is located to enforce the restriction described in such subsection by commencing a civil action, on his or her own behalf, in such court against any State official that oversees such institution. (2) Relief If the plaintiff in a civil action commenced under paragraph (1) proves by a preponderance of the evidence that the postsecondary educational institution in which the plaintiff was enrolled violated subsection (a), the court shall— (A) provide all appropriate relief to the plaintiff, including damages equal to the monetary value of any benefit provided to an alien who is not lawfully present in the United States that was denied to the plaintiff; and (B) award attorneys' fees and court costs to the plaintiff. . (b) Table of contents amendment The table of contents in section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009–546) is amended by striking the item relating to section 505 and inserting the following: Sec. 505. Ineligibility for aliens not lawfully present in the United States to receive preferential postsecondary education benefits. .

Summary: Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to prohibit unlawful aliens from being eligible for any postsecondary education benefit unless every citizen and national of this country is eligible to receive that benefit in no less of an amount, duration, or scope. (This replaces a prohibition against a state's offering unlawful aliens postsecondary benefits on the basis of their residence in the state that are more generous than those offered citizens or naturals of this country without regard to their state residence.) Allows any citizen or national who is enrolled at a postsecondary educational institution that is alleged to have violated that prohibition to bring a civil action against any state official overseeing the institution to obtain appropriate relief, attorneys' fees, and court costs.