I 
111TH CONGRESS 
2D SESSION 
H. R. 4548 
To enforce the restriction on in-State tuition for aliens unlawfully present 
in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 27, 2010 
Mr. TIAHRT (for himself, Mr. BILBRAY, Mr. HUNTER, and Mr. ALEXANDER) 
introduced 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 enforce the restriction on in-State tuition for aliens 
unlawfully present in the United States. 
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 ‘‘Fairness for American 
Students Act’’. 
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SEC. 2. ENFORCING FEDERAL RESTRICTION ON IN-STATE 
TUITION 
FOR 
ALIENS 
NOT 
LAWFULLY 
PRESENT. 
(a) IN GENERAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1623) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘on the basis of residence 
within a State (or a political subdivision)’’; and 
(B) by striking ‘‘unless a citizen’’ and all 
that follows through the period and inserting 
‘‘unless every citizen and national of the United 
States is entitled to such benefit (in no less an 
amount, duration, and scope) without regard to 
the citizen or national’s place of residence or 
the geographic location of any school from 
which the citizen or national was graduated.’’; 
(2) by redesignating subsection (b) as sub-
section (c); 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) ENFORCEMENT BY CIVIL ACTION.— 
‘‘(1) IN GENERAL.—Any citizen or national of 
the United States who is attending, or is enrolled in, 
a postsecondary educational institution may com-
mence a civil action against any official of the insti-
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tution, or any official of a State agency that regu-
lates the institution, to require compliance with sub-
section (a). 
‘‘(2) RELIEF.—An individual prevailing in any 
action under paragraph (1) shall be entitled to all 
relief necessary to make the individual whole, includ-
ing compensation for any special damages sustained 
as a result of the violation (such as any additional 
tuition and fees paid by the plaintiff above the tui-
tion and fees charged to residents of the State or po-
litical subdivision in question), litigation costs, ex-
pert witness fees, and reasonable attorney fees.’’; 
and 
(4) by adding at the end the following: 
‘‘(d) ANNUAL REPORT.—The Attorney General shall 
report annually to the Congress on which, if any, postsec-
ondary educational institutions are providing benefits in 
contravention of subsection (a). 
‘‘(e) DENIAL
OF
FEDERAL
FINANCIAL
ASSIST-
ANCE.—No Federal agency shall provide any grant, reim-
bursement, or other financial assistance to any postsec-
ondary educational institution determined under sub-
section (d) to be providing benefits in contravention of 
subsection (a). Any funds withheld under this subsection 
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shall be reallocated among qualifying educational institu-
tions that are in compliance with subsection (a).’’. 
(b) AUTHORITY.—This section is enacted in the exer-
cise of the power of the Congress under section 5 of the 
14th article of amendment to the Constitution of the 
United States. 
Æ 
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