SECTION 1. AUTHORIZING STATES TO DENY PUBLIC EDU-
CATION BENEFITS TO ALIENS NOT LAW-
FULLY PRESENT IN THE UNITED STATES.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by adding at the end the following new
title:
‘‘TITLE V—DISQUALIFICATION OF ALIENS NOT
LAWFULLY 
PRESENT 
IN 
THE 
UNITED
STATES FROM CERTAIN PROGRAM
‘‘CONGRESSIONAL POLICY REGARDING INELIGIBILITY OF
ALIENS NOT LAWFULLY PRESENT IN THE UNITED
STATES FOR PUBLIC EDUCATION BENEFITS
‘‘SEC. 501. (a) Because Congress views that the right
to a free public education for aliens who are not lawfully
present in the United States promotes violations of the
immigration laws and because such a free public education
for such aliens creates a significant burden on States’
economies and depletes States’ limited educational re-
sources, Congress declares it to be the policy of the United
States that—
‘‘(1) aliens who are not lawfully present in the
United States not be entitled to public education
benefits in the same manner as United States citi-
zens and lawful resident aliens; and
‘‘(2) States should not be obligated to provide
public education benefits to aliens who are not law-
fully present in the United States.
‘‘(b) Nothing in this section shall be construed as ex-
pressing any statement of Federal policy with regard to—
‘‘(1) aliens who are lawfully present in the
United States, or
‘‘(2) benefits other than public education bene-
fits provided under State law.
‘‘AUTHORITY OF STATES
‘‘SEC. 502. (a) In order to carry out the policies de-
scribed in section 501, each State may provide that an
alien who is not lawfully present in the United States is
not eligible for public education benefits in the State or,
at the option of the State, may be treated as a non-resi-
dent of the State for purposes of provision of such
benefits.
‘‘(b) For purposes of subsection (a), an individual
shall be considered to be not lawfully present in the United
States unless the individual (or, in the case of an individ-
ual who is a child, another on the child’s behalf)—
‘‘(1) declares in writing under penalty of per-
jury that the individual (or child) is a citizen or na-
tional of the United States and (if required by a
State) presents evidence of United States citizenship
or nationality; or
‘‘(2)(A) declares in writing under penalty of
perjury that the individual (or child) is not a citizen
or national of the United States but is lawfully
present in the United States, and
‘‘(B) presents either—
‘‘(i) alien registration documentation or
other proof of immigration registration from
the Service, or
‘‘(ii) such other documents as the State de-
termines constitutes reasonable evidence indi-
cating that the individual (or child) is lawfully
present in the United States.
If the documentation described in paragraph (2)(B)(i) is
presented, the State may (at its option) verify with the
Service the alien’s immigration status through a system
described in section 1137(d)(3) of the Social Security Act
(42 U.S.C. 1320b–7(d)(3)).
‘‘(c) If a State denies public education benefits under
this section with respect to an alien, the State shall pro-
vide the alien with an opportunity for a fair hearing to
establish that the alien is lawfully present in the United
States, consistent with subsection (b) and Federal immi-
gration law.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by adding at the end the following
new items:
‘‘TITLE V—DISQUALIFICATION OF ALIENS NOT LAWFULLY
PRESENT IN THE UNITED STATES FROM CERTAIN PROGRAM
‘‘Sec. 501. Congressional policy regarding ineligibility of aliens not lawfully
present in the United States for public education benefits.
‘‘Sec. 502. Authority of States.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect as of the date of the enact-
ment of this Act.
Æ