I 
116TH CONGRESS 
1ST SESSION H. R. 1298 
To prohibit discrimination in higher education against certain undocumented 
students on the basis of immigration status, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2019 
Mr. LEWIS (for himself and Mr. GALLEGO) introduced the following bill; which 
was referred to the Committee on Education and Labor, and in addition 
to the Committee on the Judiciary, for a period to be subsequently deter-
mined 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 
undocumented students on the basis of immigration sta-
tus, 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 2019’’. 
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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) IN GENERAL.—An institution of higher edu-
cation that receives Federal funds or financial assistance 
under any Federal program shall not discriminate or take 
adverse action against a Dreamer student on the basis of 
that individual’s immigration status. 
‘‘(b) 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. 
‘‘(c) 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 
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citizen applicant and a Dreamer student applying from the 
same State. 
‘‘(d) 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 
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. 
‘‘(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 
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‘‘(C) permit anyone other than an officer 
or employee of the Federal Government or the 
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.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘Dreamer student’ means an individual who— 
‘‘(A) as defined in section 101 of the Im-
migration and Nationality Act (8 U.S.C. 
1101)— 
‘‘(i) is not a national of the United 
States; 
‘‘(ii) maintains a residence in the 
United States; 
‘‘(iii) does not possess a valid immi-
grant visa, a valid nonimmigrant visa, or 
equivalent document demonstrating a law-
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ful immigration status in the United 
States; and 
‘‘(iv) is not considered to be a non-
immigrant solely due to the application of 
section 244(f)(4) of such Act (8 U.S.C. 
1254a(f)(4)); 
‘‘(B) was younger than 18 years of age on 
the date on which the individual initially en-
tered the United States; 
‘‘(C) has provided a list of each secondary 
school that the student attended in the United 
States; and 
‘‘(D)(i) has earned a high school diploma, 
the recognized equivalent of such diploma from 
a secondary school, or a high school equivalency 
diploma in the United States or is scheduled to 
complete the requirements for such a diploma 
or equivalent before the next academic year be-
gins; 
‘‘(ii) has acquired a degree from an institu-
tion of higher education or is enrolled in a pro-
gram for a baccalaureate degree or higher de-
gree at an institution of higher education in the 
United States; 
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‘‘(iii) at any time was eligible for a grant 
of deferred action under— 
‘‘(I) the June 15, 2012, memorandum 
from the Secretary of Homeland Security 
entitled ‘Exercising Prosecutorial Discre-
tion with Respect to Individuals Who 
Came to the United States as Children’; or 
‘‘(II) the November 20, 2014, memo-
randum from the Secretary of Homeland 
Security entitled ‘Exercising Prosecutorial 
Discretion with Respect to Individuals 
Who Came to the United States as Chil-
dren and with Respect to Certain Individ-
uals Who Are the Parents of U.S. Citizens 
or Permanent Residents’; or 
‘‘(iv) 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. 
‘‘(2) HARDSHIP
EXCEPTION.—The Secretary 
shall issue regulations that direct when an institu-
tion of higher education shall waive the requirement 
of subparagraph (B) or (C), or both, of paragraph 
(1) for an individual to qualify as a Dreamer stu-
dent under such paragraph, if the individual— 
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‘‘(A) 
demonstrates 
compelling 
cir-
cumstances for the inability to satisfy the re-
quirement of such subparagraph (B) or (C), or 
both; and 
‘‘(B) satisfies the requirement of para-
graph (1)(D).’’. 
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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