I 
119TH CONGRESS 
1ST SESSION H. R. 2490 
To amend section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 to prohibit the provision of assistance under 
title IV of the Higher Education Act of 1965 to States that offer 
in-State tuition rates to aliens who are not lawfully present in the 
United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 31, 2025 
Mr. BURCHETT introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Education 
and Workforce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To amend section 505 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 to prohibit 
the provision of assistance under title IV of the Higher 
Education Act of 1965 to States that offer in-State 
tuition rates to aliens who are not lawfully present in 
the United States, and for other purposes. 
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. SHORT TITLE. 
This Act may be cited as the ‘‘No In-State Tuition 
for Illegal Immigrants Act’’. 
SEC. 2. RESTRICTING IN-STATE TUITION RATES FOR 
ALIENS NOT LAWFULLY PRESENT. 
Section 505 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is 
amended— 
(1) in subsection (b), by striking ‘‘This section’’ 
and inserting ‘‘Subsection (a)’’; and 
(2) by adding at the end the following: 
‘‘(c) PROHIBITION ON FEDERAL FINANCIAL ASSIST-
ANCE UNDER HEA TITLE IV.— 
‘‘(1) IN GENERAL.—A State may not receive 
any Federal financial assistance under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 et 
seq.) for the fiscal year following any fiscal year in 
which the Secretary of Education determines that 
the State is an ineligible State under paragraph (2). 
‘‘(2) INELIGIBILITY.—A State is an ineligible 
State for purposes of this subsection if the State 
charges an alien who is not lawfully present in the 
United States tuition for attendance at a public in-
stitution of higher education in the State at a rate 
that is equal to or less than the rate charged for 
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residents of the State who are citizens of the United 
States. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘Federal financial assist-
ance’ has the meaning given such term in sec-
tion 7501(a)(5) of title 31, United States Code. 
‘‘(B) The term ‘institution of higher edu-
cation’ has the meaning given such term in sec-
tion 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001). 
‘‘(C) The term ‘State’ has the meaning 
given such term in section 103 of the Higher 
Education Act of 1964 (20 U.S.C. 1003).’’. 
Æ 
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