S. 3507

119 S3507 IS: Put American Students First Act
 U.S. Senate
 2025-12-16
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS
  1st Session  S. 3507  IN THE SENATE OF THE UNITED STATES   December 16, 2025   Mr. Cotton  introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    A BILL
To prevent any alien who is not lawfully admitted for permanent residence from obtaining in-State tuition rates at public institutions of higher education, and for other purposes.
1.
Short title
This Act may be cited as the   Put American Students First Act  .
2.
Findings
Congress finds the following:
(1)
Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) already prohibits States from granting in-State rates for tuition and fees to aliens who are not lawfully present in the United States on the basis of residence within the State, unless the same rates are offered to all citizens of the United States regardless of residence.
(2)
Despite this prohibition, as of 2025, 22 States and the District of Columbia continue to provide in-State rates for tuition and fees to such aliens through policies that circumvent Federal law, subsidizing their postsecondary education at a cost to taxpayers of the United States estimated at more than $1,000,000,000 annually.
(3)
Providing such subsidies creates a perverse incentive for illegal immigration, rewarding unlawful presence with benefits unavailable to citizens and legal residents of the United States who do not live within such State, and undermines the rule of law.
(4)
Students of the United States in higher education, including students from modest-income families in neighboring States, are effectively penalized by States that provide such subsidies because the students pay higher out-of-State rates for tuition and fees while aliens not lawfully admitted for permanent residence receive taxpayer-subsidized discounts.
(5)
Enforcing this Federal prohibition nationwide is essential to restoring fairness, deterring illegal immigration, and prioritizing postsecondary education benefits for citizens and lawful permanent residents of the United States.
3.
Prohibition on in-State tuition rates for aliens not lawfully admitted for permanent residence
(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 in-State tuition and fees for aliens not lawfully admitted for permanent residence
(a)
Definitions
In this section:
(1)
In-State tuition rate
The term  in-State tuition rate  means the rate of tuition and fees for attendance at a public institution of higher education of a State or political subdivision of a State that is charged for a resident of the State.
(2)
Lawfully admitted for permanent residence
The term  lawfully admitted for permanent residence  has the meaning given such term in section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) ).
(3)
Out-of-State tuition rate
The term  out-of-State tuition rate  mans the rate of tuition and fees for attendance at a public institution of higher education of a State or political subdivision of a State that is charged for a non-resident of the State.
(4)
Postsecondary education benefit
The term  postsecondary education benefit  means any tuition reduction, fee waiver, scholarship, grant, or other financial assistance provided by a State or political subdivision of a State for attendance at a public institution of higher education, including an in-State resident tuition rate.
(5)
State
The term  State  means the several States of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
(b)
Ineligibility
Notwithstanding any other provision of law—
(1)
an alien who is not lawfully admitted for permanent residence shall not be eligible for any postsecondary education benefit, including an in-State tuition rate, offered by a State or political subdivision of a State; and
(2)
a State shall ensure that each public institution of higher education of the State or a political subdivision of a State charges an alien who is not lawfully admitted for permanent residence the out-of-State tuition rate.
(c)
Verification of immigration status
(1)
In general
Beginning on the date of enactment of the  Put American Students First Act , each public institution of higher education shall verify the immigration status of each student enrolled in the institution through the Systematic Alien Verification for Entitlements (SAVE) program operated by the Department of Homeland Security, or a successor program, prior to granting any postsecondary education benefit to the student.
(2)
Frequency
The verification required under paragraph (1) shall be conducted annually for each enrolled student receiving a postsecondary education benefit.
(3)
Reimbursement
Any public institution of higher education that has provided an in-State tuition rate or fee to an alien in violation of this section—
(A)
shall seek reimbursement from such alien for the difference between the in-State tuition rate and the out-of-State tuition rate for each term of enrollment, plus interest at the rate applicable to a Federal Direct Unsubsidized Stafford Loan under section 455(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(b) ) for such term of enrollment; and
(B)
if reimbursement as described in subparagraph (A) is not made within 90 days of the request, shall not allow the alien to enroll for any future terms in the institution until the reimbursement is completed.
(d)
Applicability
This section applies to—
(1)
any alien who enrolls in a public institution of higher education on or after the date of enactment of the  Put American Students First Act ; and
(2)
any alien—
(A)
who is a student enrolled in the public institution of higher education who enrolled before such date of enactment; and
(B)
whom the institution, after completing the verification required under subsection (c) for an academic year after such date of enactment, determines is not lawfully admitted for permanent residence.
 .
(b)
Additional enforcement requirements
(1)
Violations by States
Section 400 of the Higher Education Act of 1965 ( 20 U.S.C. 1070 ) is amended by adding at the end the following:
(c)
Disqualification of States that provide in-State tuition to illegal aliens
Notwithstanding any other provision of this part, a State that the Secretary has determined has violated the requirements of section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) for a fiscal year shall be ineligible for any grant under chapter 2 of subpart 2, subpart 4, or subpart 6 for the fiscal year immediately following such determination.
 .
(2)
Institutional requirement for participation in the Federal student loan program
Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following:
(30)
In the case of a public institution, the institution will comply with the requirements of section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
 .
(c)
Effective date
Except as otherwise specified, the amendments made by this section shall take effect on the date of enactment of this Act and shall apply to academic years beginning on or after July 1, 2026.
4.
Severability
If any provision of this Act or the amendments made by this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions of such to any person or circumstance, shall not be affected thereby.