Title: Higher Education Dream Act of 2019
Policy area: Education

Summary:
Higher Education Dream Act of 2019
This bill prohibits institutions of higher education that receive federal student aid from discriminating or taking adverse action against Dreamer students (i.e., students who have been granted Deferred Action for Childhood Arrivals status) based on their immigration status, including charging out-of-state tuition to students who would qualify as residents of the state. The bill also makes Dreamer students eligible for federal financial aid.
The bill prohibits the use or publication of certain identifiable information related to such students, subject to civil penalties.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1298 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1298

    To prohibit discrimination in higher education against certain 
undocumented students on the basis of immigration status, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2019

Mr. Lewis (for himself and Mr. Gallego) introduced the following bill; 
  which was referred to the Committee on Education and Labor, and in 
    addition to the Committee on the Judiciary, 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 prohibit discrimination in higher education against certain 
undocumented students on the basis of immigration status, 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 ``Higher Education Dream Act of 
2019''.

SEC. 2. HIGHER EDUCATION FOR DREAMER STUDENTS.

    Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 
1011 et seq.) is amended by adding at the end the following:

``SEC. 124. NONDISCRIMINATION AGAINST DREAMER STUDENTS IN HIGHER 
              EDUCATION.

    ``(a) In General.--An institution of higher education that receives 
Federal funds or financial assistance under any Federal program shall 
not discriminate or take adverse action against a Dreamer student on 
the basis of that individual's immigration status.
    ``(b) Eligibility.--An institution of higher education that 
receives Federal funds or financial assistance under any Federal 
program shall not prohibit a Dreamer student from applying for 
admission, nor shall it prohibit a Dreamer student who is accepted to 
that institution from enrolling.
    ``(c) Admissions.--An institution of higher education that receives 
Federal funds or financial assistance under any Federal program shall 
not discriminate against or penalize in the admissions process a 
Dreamer student who is otherwise qualified for admission to the 
institution, on the basis of that individual's immigration status, nor 
shall such an institution differentiate in the admissions process on 
the basis of residency between a United States citizen applicant and a 
Dreamer student applying from the same State.
    ``(d) Tuition Rate.--An institution of higher education that 
receives Federal funds or financial assistance under any Federal 
program shall not charge a greater rate of tuition than the rate 
charged for residents of the State in which the institution is located 
to a Dreamer student who, but for such individual's immigration status, 
otherwise qualifies as a resident of the State in which the institution 
is located.
    ``(e) Confidentiality of Information.--
            ``(1) Prohibition.--No officer or employee of the United 
        States, of a State, or of an institution of higher education 
        that receives Federal funds or financial assistance under any 
        Federal program to which a Dreamer student applies for 
        admission or enrolls, may--
                    ``(A) use the information furnished by the Dreamer 
                student to arrest, detain, or initiate removal 
                proceedings against any person identified in that 
                information;
                    ``(B) make any publication whereby the information 
                furnished by any particular Dreamer student can be 
                identified; or
                    ``(C) permit anyone other than an officer or 
                employee of the Federal Government or the institution 
                of higher education to which a Dreamer student applies 
                or enrolls, to examine any information provided by a 
                Dreamer student relating to that individual's 
                immigration status or qualifications to be a Dreamer 
                student.
            ``(2) Penalty.--Whoever knowingly uses, publishes, or 
        permits information to be examined in violation of this 
        subsection shall be fined not more than $50,000.
    ``(f) Definition of Dreamer Student.--
            ``(1) In general.--In this section, the term `Dreamer 
        student' means an individual who--
                    ``(A) as defined in section 101 of the Immigration 
                and Nationality Act (8 U.S.C. 1101)--
                            ``(i) is not a national of the United 
                        States;
                            ``(ii) maintains a residence in the United 
                        States;
                            ``(iii) does not possess a valid immigrant 
                        visa, a valid nonimmigrant visa, or equivalent 
                        document demonstrating a lawful immigration 
                        status in the United States; and
                            ``(iv) is not considered to be a 
                        nonimmigrant solely due to the application of 
                        section 244(f)(4) of such Act (8 U.S.C. 
                        1254a(f)(4));
                    ``(B) was younger than 18 years of age on the date 
                on which the individual initially entered the United 
                States;
                    ``(C) has provided a list of each secondary school 
                that the student attended in the United States; and
                    ``(D)(i) has earned a high school diploma, the 
                recognized equivalent of such diploma from a secondary 
                school, or a high school equivalency diploma in the 
                United States or is scheduled to complete the 
                requirements for such a diploma or equivalent before 
                the next academic year begins;
                    ``(ii) has acquired a degree from an institution of 
                higher education or is enrolled in a program for a 
                baccalaureate degree or higher degree at an institution 
                of higher education in the United States;
                    ``(iii) at any time was eligible for a grant of 
                deferred action under--
                            ``(I) the June 15, 2012, memorandum from 
                        the Secretary of Homeland Security entitled 
                        `Exercising Prosecutorial Discretion with 
                        Respect to Individuals Who Came to the United 
                        States as Children'; or
                            ``(II) the November 20, 2014, memorandum 
                        from the Secretary of Homeland Security 
                        entitled `Exercising Prosecutorial Discretion 
                        with Respect to Individuals Who Came to the 
                        United States as Children and with Respect to 
                        Certain Individuals Who Are the Parents of U.S. 
                        Citizens or Permanent Residents'; or
                    ``(iv) has served in the uniformed services, as 
                defined in section 101 of title 10, United States Code, 
                for not less than 4 years and, if discharged, received 
                an honorable discharge.
            ``(2) Hardship exception.--The Secretary shall issue 
        regulations that direct when an institution of higher education 
        shall waive the requirement of subparagraph (B) or (C), or 
        both, of paragraph (1) for an individual to qualify as a 
        Dreamer student under such paragraph, if the individual--
                    ``(A) demonstrates compelling circumstances for the 
                inability to satisfy the requirement of such 
                subparagraph (B) or (C), or both; and
                    ``(B) satisfies the requirement of paragraph 
                (1)(D).''.

SEC. 3. FEDERAL AID ELIGIBILITY.

    Section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 
1091(a)(5)) is amended by inserting ``a Dreamer student (as defined in 
section 124(f)),'' after ``permanent resident of the United States,''.

SEC. 4. REPEAL OF PROHIBITION.

    Section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
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