To prohibit an alien who is not in a lawful immigration status in the United States from being eligible for postsecondary education benefits that are not available to all citizens and nationals of the United States.

Bill: 116-hr-1190
Sponsor: full_name: Rep. Gosar, Paul A. [R-AZ-4]
Introduced: 2019-02-13
Policy area: Immigration
Subjects: Border security and unlawful immigration

Civil actions and liability

Higher education

Immigration status and procedures

Student aid and college costs
Latest action: action_date: 2019-03-25
text: Referred to the Subcommittee on Immigration and Citizenship.

Summaries:
action_date: 2019-02-13
action_desc: Introduced in House
text: <p>This bill states that an alien without legal immigration status shall not be eligible to receive any postsecondary education benefit unless every U.S. citizen and national is eligible to receive the same benefit. The bill establishes that a U.S. citizen or national may sue to enforce this provision against an educational institution that the citizen or national is enrolled in. </p>

tv_txt: I 116th CONGRESS 1st Session H. R. 1190 IN THE HOUSE OF REPRESENTATIVES February 13, 2019 Mr. Gosar (for himself, Mr. Meadows , Mr. Weber of Texas , Mr. Biggs , Mr. King of Iowa , Mr. DesJarlais , Mr. Duncan , and Mr. Babin ) 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 committee concerned A BILL To prohibit an alien who is not in a lawful immigration status in the United States from being eligible for postsecondary education benefits that are not available to all citizens and nationals of the United States.

1. Prohibition of preferential treatment for illegal aliens (a) In general Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is amended to read as follows: 505. Ineligibility for aliens not in lawful immigration status in the United States to receive preferential postsecondary education benefits (a) In general An alien who is not in a lawful immigration status in the United States shall not be eligible for any postsecondary education benefit unless every citizen and national of the United States is eligible to receive such a benefit (in no less an amount, duration, and scope). (b) Enforcement through civil action (1) In general Any citizen or national of the United States who is enrolled at a postsecondary educational institution in the United States that is alleged to have violated subsection (a) may petition the district court of the United States in which such institution is located to enforce the restriction described in such subsection by commencing a civil action, on his or her own behalf, in such court against any State official that oversees such institution. (2) Relief If the plaintiff in a civil action commenced under paragraph (1) proves by a preponderance of the evidence that the postsecondary educational institution in which the plaintiff was enrolled violated subsection (a), the court shall— (A) provide all appropriate relief to the plaintiff, including damages equal to the monetary value of any benefit provided to an alien who is not in a lawful immigration status in the United States that was denied to the plaintiff; and (B) award attorneys' fees and court costs to the plaintiff. . (b) Table of contents amendment The table of contents in section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009–546) is amended by striking the item relating to section 505 and inserting the following: Sec. 505. Ineligibility for aliens not in lawful immigration status in the United States to receive preferential postsecondary education benefits. .