Title: Tuition Fairness for Citizens Act
Policy area: Education

Summary:
Tuition Fairness for Citizens Act
This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make aliens who are not lawfully present in the United States ineligible for postsecondary education benefits (e.g., in-state tuition) unless all U.S. citizens and nationals are eligible for the same benefit. Under current law, states are not permitted to give postsecondary education benefits to such aliens on the basis of residency, but are allowed to give such benefits based on other criteria. This bill eliminates the option to give such benefits based on any criteria if they are not available to all U.S. citizens and nationals.
In addition, the bill grants a private right of action to a person who is aggrieved by a violation of this requirement.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5229 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5229

 To amend section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 to clarify the prohibition on postsecondary 
  education benefits for certain aliens, to grant a private right of 
 action to persons injured by a violation of such prohibition, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2018

Mr. Perry (for himself, Mr. Jody B. Hice of Georgia, Mr. King of Iowa, 
 Mr. Babin, Mr. Harris, and Mr. Biggs) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
  to the Committee on Education and the Workforce, 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 committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 to clarify the prohibition on postsecondary 
  education benefits for certain aliens, to grant a private right of 
 action to persons injured by a violation of such prohibition, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tuition Fairness for Citizens Act''.

SEC. 2. LIMITATION ON ELIGIBILITY FOR HIGHER EDUCATION BENEFITS OF 
              ALIENS NOT LAWFULLY PRESENT.

    Section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1623) is amended to read as 
follows:

``SEC. 505. LIMITATION ON ELIGIBILITY FOR HIGHER EDUCATION BENEFITS OF 
              ALIENS NOT LAWFULLY PRESENT.

    ``(a) In General.--Notwithstanding any other provision of law, an 
alien who is not lawfully present in the United States shall not be 
eligible for any postsecondary education benefit unless all citizens 
and nationals of the United States are likewise eligible for such 
benefit.
    ``(b) Private Right of Action.--Any person who is aggrieved by a 
violation of subsection (a) may bring a civil action in any court of 
appropriate jurisdiction for--
            ``(1) declaratory, injunctive, or other equitable relief;
            ``(2) damages; and
            ``(3) such other relief as the court may deem appropriate.
    ``(c) Effective Date.--This section, as amended by the Tuition 
Fairness for Citizens Act, shall apply to benefits provided on or after 
the date of the enactment of such Act.''.
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