I 
118TH CONGRESS 
1ST SESSION H. R. 3711 
To prohibit the use of elementary, secondary, and post-secondary school 
facilities to provide shelter for unlawfully present aliens, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2023 
Mr. MOLINARO (for himself and Mr. LANGWORTHY) introduced the following 
bill; which was referred to the Committee on Education and the Workforce 
A BILL 
To prohibit the use of elementary, secondary, and post-sec-
ondary school facilities to provide shelter for unlawfully 
present aliens, 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 ‘‘Schools Not Shelters 
Act’’. 
SEC. 2. PROHIBITION ON USE OF SCHOOL FACILITIES TO 
SHELTER CERTAIN ALIENS. 
(a) IN GENERAL.—As a condition on receipt of Fed-
eral financial assistance under any applicable program by 
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an elementary school, secondary school, or institution of 
higher education, the facilities of the school or institution 
may not be used to provide shelter for specified aliens un-
less— 
(1) the facility is a dormitory facility; and 
(2) the alien pays the amount normally assessed 
residents of the dormitory facility for room and 
board. 
(b) CONSTRUCTION.—Subsection (a) shall apply 
without regard to sections 401 and 411 of the Personal 
Responsibility and Work Opportunity Reconciliation Act 
of 1996 (2 U.S.C. 1611, 1621). 
(c) DEFINITIONS.—For purposes of this Act: 
(1) The term ‘‘alien’’ has the meaning given 
such term in section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)). 
(2) The term ‘‘applicable program’’ has the 
meaning such term in section 400 of the General 
Education Provisions Act (20 U.S.C. 1221). 
(3) The term ‘‘dormitory facility’’ means— 
(A) institutionally owned or operated dor-
mitory housing (including dining facilities inside 
such housing); or 
(B) another facility customarily used for 
housing students, faculty, or staff. 
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(4) The terms ‘‘elementary school’’ and ‘‘sec-
ondary school’’ have the meaning given such terms 
in section 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801). 
(5) The term ‘‘Federal financial assistance’’ has 
the meaning given such term in section 7501(a)(5) 
of title 31, United States Code. 
(6) The term ‘‘institution of higher education’’ 
has the meaning given such term in section 101 of 
the Higher Education Act of 1965 (20 U.S.C. 
1001). 
(7) The term ‘‘shelter’’ excludes short-term 
emergency shelter made necessary by a natural dis-
aster. 
(8) The term ‘‘specified alien’’ means an alien 
who— 
(A) is unlawfully present in the United 
States; or 
(B)(i) has not been admitted (as defined in 
section 101(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a))); 
(ii) is in removal proceedings or has been 
ordered removed; and 
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(iii) is not being detained by the Secretary 
of Homeland Security during the pendency of 
those removal proceedings or until removed. 
Æ 
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