I 
116TH CONGRESS 
1ST SESSION H. R. 1190 
To prohibit an alien who is not in a lawful immigration status 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 HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2019 
Mr. GOSAR (for himself, Mr. MEADOWS, Mr. WEBER of Texas, Mr. BIGGS, 
Mr. KING of Iowa, Mr. DESJARLAIS, Mr. DUNCAN, and Mr. BABIN) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on Education and Labor, 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 com-
mittee concerned 
A BILL 
To prohibit an alien who is not in a lawful immigration 
status in the United States from being eligible for post-
secondary education benefits that are not available to 
all citizens and nationals of the United States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. PROHIBITION OF PREFERENTIAL TREATMENT 
FOR ILLEGAL ALIENS. 
(a) IN GENERAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1623) is amended to read as follows: 
‘‘SEC. 505. INELIGIBILITY FOR ALIENS NOT IN LAWFUL IM-
MIGRATION STATUS IN THE UNITED STATES 
TO 
RECEIVE 
PREFERENTIAL 
POSTSEC-
ONDARY EDUCATION BENEFITS. 
‘‘(a) IN GENERAL.—An alien who is not in a lawful 
immigration status in the United States shall not be eligi-
ble for any postsecondary education benefit unless every 
citizen and national of the United States is eligible to re-
ceive 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 de-
scribed in such subsection by commencing a civil ac-
tion, on his or her own behalf, in such court against 
any State official that oversees such institution. 
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‘‘(2) RELIEF.—If the plaintiff in a civil action 
commenced under paragraph (1) proves by a prepon-
derance of the evidence that the postsecondary edu-
cational institution in which the plaintiff was en-
rolled violated subsection (a), the court shall— 
‘‘(A) provide all appropriate relief to the 
plaintiff, including damages equal to the mone-
tary value of any benefit provided to an alien 
who is not in a lawful immigration status 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 Re-
form and Immigrant Responsibility Act of 1996 (110 Stat. 
3009–546) is amended by striking the item relating to sec-
tion 505 and inserting the following: 
‘‘Sec. 505. Ineligibility for aliens not in lawful immigration status in the United 
States to receive preferential postsecondary education bene-
fits.’’. 
Æ 
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