HR 2490119th CongressIn Committee

No In-State Tuition for Illegal Immigrants Act

Introduced: Mar 31, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

No In-State Tuition for Illegal Immigrants Act would amend section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to withhold federal financial aid under Title IV of the Higher Education Act from states that offer in-state tuition rates to aliens who are not lawfully present in the United States. Under the bill, if a state charges non-citizen, non-lawfully-present students in-state tuition (i.e., at or below the rate charged to U.S. citizens/residents), the Secretary of Education would determine the state ineligible for Title IV funds for the following fiscal year. This creates a direct link between state-tuition policies for undocumented or unauthorized students and access to federal student aid programs like Pell Grants and federal student loans. The bill also clarifies key definitions and references Title IV funding as the form of “Federal financial assistance.” Status notes: Introduced in the House on March 31, 2025, as H.R. 2490 by Mr. Burchett. It has been referred to the Judiciary Committee and the Education and Workforce Committee for consideration. The sponsor and any further actions are not provided in the text you shared.

Key Points

1Prohibition tied to tuition policy: A state that charges aliens not lawfully present in-state tuition at a rate equal to or less than the rate for U.S. citizen residents becomes ineligible for federal financial assistance under Title IV of the Higher Education Act for the next fiscal year.
2Trigger and effect: Ineligibility is determined by the Secretary of Education. If a state is deemed ineligible for a given fiscal year, it cannot receive Title IV funds in the following fiscal year.
3What counts as Federal financial assistance: The bill uses the same definition of “Federal financial assistance” as in 31 U.S.C. 7501(a)(5), which encompasses the various types of aid administered under Title IV, such as federal student loans, grants, and work-study.
4Scope of affected entities: The restriction applies to states and their public institutions of higher education that would otherwise receive Title IV funds.
5Definitions clarified: The bill defines “institution of higher education” (per HEA) and “State” (per HEA) to ensure the terms used align with existing federal education law.

Impact Areas

Primary group/area affected- States that offer in-state tuition to aliens not lawfully present. If a state maintains in-state rates for undocumented students, it could lose access to Title IV federal funds for the next fiscal year.- Public colleges and universities in those states, which rely on Title IV funding (including Pell Grants, federal student loans, and other aid) to support students and programs.Secondary group/area affected- Students in participating states who rely on federal financial aid, including undocumented or non-citizen students who might be eligible for in-state tuition. They could face changes in access to federal aid if their state’s in-state tuition status triggers ineligibility for Title IV funds.- State higher education budgeting and planning, since loss of Title IV funds would affect the funding mix for public institutions.Additional impacts- State policy considerations: States may re-evaluate tuition policies for undocumented students to avoid losing federal funding.- Administrative and legal considerations: The policy would require annual determinations by the Secretary of Education and could lead to administrative changes in how states report tuition practices.- Broader policy and political dynamics: This approach ties immigration-related tuition policies to federal student aid eligibility, potentially shaping political debates around undocumented students and access to higher education.

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