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 con-
cerned 
A BILL 
To prohibit discrimination in higher education against certain 
noncitizen students on the basis of immigration status, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Higher Education 
Dream Act of 2023’’. 
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SEC. 2. HIGHER EDUCATION FOR DREAMER STUDENTS. 
Part B of title I of the Higher Education Act of 1965 
(20 U.S.C. 1011 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 124. NONDISCRIMINATION AGAINST DREAMER STU-
DENTS IN HIGHER EDUCATION. 
‘‘(a) ELIGIBILITY.—An institution of higher edu-
cation that receives Federal funds or financial assistance 
under any Federal program shall not prohibit a Dreamer 
student from applying for admission, nor shall it prohibit 
a Dreamer student who is accepted to that institution 
from enrolling. 
‘‘(b) ADMISSIONS.—An institution of higher edu-
cation that receives Federal funds or financial assistance 
under any Federal program shall not discriminate against 
or penalize in the admissions process a Dreamer student 
who is otherwise qualified for admission to the institution, 
on the basis of that individual’s immigration status, nor 
shall such an institution differentiate in the admissions 
process on the basis of residency between a United States 
citizen applicant and a Dreamer student applying from the 
same State. 
‘‘(c) TUITION RATE.—An institution of higher edu-
cation that receives Federal funds or financial assistance 
under any Federal program shall not charge a greater rate 
of tuition than the rate charged for residents of the State 
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in which the institution is located to a Dreamer student 
who, but for such individual’s immigration status, other-
wise qualifies as a resident of the State in which the insti-
tution is located. 
‘‘(d) REMEDIES.—An institution of higher education 
that violates subsection (a), (b), or (c) shall be subject to 
the remedies described in sections 454 and 455 of the 
General Education Provisions Act (8 U.S.C. 1234c, 
1234d). 
‘‘(e) CONFIDENTIALITY OF INFORMATION.— 
‘‘(1) PROHIBITION.—No officer or employee of 
the United States, of a State, or of an institution of 
higher education that receives Federal funds or fi-
nancial assistance under any Federal program to 
which a Dreamer student applies for admission or 
enrolls, may— 
‘‘(A) use the information furnished by the 
Dreamer student to arrest, detain, or initiate 
removal proceedings against any person identi-
fied in that information; 
‘‘(B) make any publication whereby the in-
formation furnished by any particular Dreamer 
student can be identified; or 
‘‘(C) permit anyone other than an officer 
or employee of the Federal Government or the 
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institution of higher education to which a 
Dreamer student applies or enrolls, to examine 
any information provided by a Dreamer student 
relating to that individual’s immigration status 
or qualifications to be a Dreamer student. 
‘‘(2) PENALTY.—Whoever knowingly uses, pub-
lishes, or permits information to be examined in vio-
lation of this subsection shall be fined not more than 
$50,000. 
‘‘(f) DEFINITION OF DREAMER STUDENT.—In this 
section, the term ‘Dreamer student’ means an individual 
who— 
‘‘(1) is not a national of the United States (as 
defined in section 101(a)(21) of the Immigration 
and Nationality Act (8 U.S.C. 1101(21))); 
‘‘(2) maintains a residence in the United States 
(as defined in section 101(a)(33) of such Act (8 
U.S.C. 1101(33))); 
‘‘(3)(A) is not authorized to be temporarily in 
the United States under subparagraph (F), (J), (M), 
or (Q) of section 101(a)(15) of such Act (8 U.S.C. 
1101(a)(15)); or 
‘‘(B) does not have an application pending for 
the purpose of seeking such authorization; 
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‘‘(4)(A) possesses a valid document or docu-
ments demonstrating that the individual is in a law-
ful immigration status in the United States (exclud-
ing a nonimmigrant status under subparagraph (F), 
(J), (M), or (Q) of section 101(a)(15) of such Act 
(8 U.S.C. 1101(a)(15))); 
‘‘(B) possesses a valid document or documents 
demonstrating that the individual is lawfully present 
in the United States (excluding lawful presence, or 
a pending application, under any of such subpara-
graphs); 
‘‘(C) possesses an expired document or docu-
ments demonstrating that the individual, in the past, 
was granted— 
‘‘(i) deferred action pursuant to the De-
ferred Action for Childhood Arrivals policy an-
nounced by the Secretary of Homeland Security 
on June 15, 2012; 
‘‘(ii) temporary protected status under sec-
tion 244 of the Immigration and Nationality 
Act (8 U.S.C. 1254a); 
‘‘(iii) Deferred Enforced Departure; or 
‘‘(iv) status as the son or daughter of an 
alien admitted as a nonimmigrant under sub-
paragraph (E)(i), (E)(ii), (H)(i)(b), or (L) of 
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section 101(a)(15) of such Act (8 U.S.C. 
1101(a)(15)); or 
‘‘(D) would have been eligible for deferred ac-
tion pursuant to the Deferred Action for Childhood 
Arrivals policy announced by the Secretary of Home-
land Security on June 15, 2012, if not for the court 
orders of the United States Court of Appeals for the 
Fifth Circuit in Texas et al. v. United States of 
America et al., No. 21–40680 (Oct. 5, 2022) and 
the United States District Court for the Southern 
District of Texas in Texas, et al., v. United States 
of America, et al., 1:18–CV–00068, (July 16, 2021), 
and has never engaged in conduct that would render 
the individual ineligible for that relief; 
‘‘(5) was 18 years of age or younger on the 
date on which the individual initially entered the 
United States; 
‘‘(6) has provided a list of each secondary 
school that the student attended in the United 
States; and 
‘‘(7)(A) has earned a high school diploma, the 
recognized equivalent of such diploma from a sec-
ondary school, or a high school equivalency diploma 
in the United States or is scheduled to complete the 
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requirements for such a diploma or equivalent before 
the next academic year begins; 
‘‘(B) has acquired a degree from an institution 
of higher education or is enrolled in a program for 
a baccalaureate degree or higher degree at an insti-
tution of higher education in the United States; or 
‘‘(C) has served in the uniformed services, as 
defined in section 101 of title 10, United States 
Code, for not less than 4 years and, if discharged, 
received an honorable discharge.’’. 
SEC. 3. FEDERAL AID ELIGIBILITY. 
Section 484(a)(5) of the Higher Education Act of 
1965 (20 U.S.C. 1091(a)(5)) is amended by inserting ‘‘a 
Dreamer student (as defined in section 124(f)),’’ after 
‘‘permanent resident of the United States,’’. 
SEC. 4. REPEAL OF PROHIBITION. 
Section 505 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is 
repealed. 
Æ 
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