Schools Not Shelters Act

Bill: 118-hr-3711
Sponsor: full_name: Rep. Molinaro, Marcus J. [R-NY-19]
Introduced: 2023-05-25
Policy area: Immigration
Subjects: Border security and unlawful immigration

Detention of persons

Educational facilities and institutions

Homelessness and emergency shelter

Immigration status and procedures
Latest action: action_date: 2023-05-25
text: Referred to the House Committee on Education and the Workforce.

Summaries:
action_date: 2023-05-25
action_desc: Introduced in House
text: <p><b>Schools Not Shelters Act</b></p> <p>This bill prohibits schools that receive certain federal financial assistance from using their facilities to shelter certain non-U.S. nationals (<i>aliens</i> under federal law) unless the individual pays for such shelter.</p> <p>Specifically, this prohibition shall apply to sheltering individuals who are (1) unlawfully present, or (2) subject to removal proceedings or a removal order and are not being detained by the Department of Homeland Security.</p> <p>Under this bill, if an elementary school, secondary school, or institution of higher education receives financial assistance from a program administered by the Department of Education, that school or institution may not use its facilities to provide shelter to such individuals unless the individual is housed in a dormitory and pays the amount normally assessed to residents of that dormitory.</p>

tv_txt: I 118th CONGRESS 1st Session H. R. 3711 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-secondary school facilities to provide shelter for unlawfully present aliens, and for other purposes.

1. Short title This Act may be cited as the Schools Not Shelters Act . 2. Prohibition on use of school facilities to shelter certain aliens (a) In general As a condition on receipt of Federal financial assistance under any applicable program by 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 unless— (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 dormitory housing (including dining facilities inside such housing); or (B) another facility customarily used for housing students, faculty, or staff. (4) The terms elementary school and secondary 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 disaster. (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 Nationality Act ( 8 U.S.C. 1101(a) )); (ii) is in removal proceedings or has been ordered removed; and (iii) is not being detained by the Secretary of Homeland Security during the pendency of those removal proceedings or until removed.