Section 1 Short title
This Act may be cited as the “American Students First Act”.
American Students First Act
A BILL
To amend section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to prohibit the provision of Federal financial assistance to public institutions of higher education that provide certain higher education benefits to aliens who are not lawfully present in the United States, and for other purposes.
Sec. 2 Restricting higher education benefits for aliens not lawfully present
Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is amended—
in subsection (b), by striking “This section” and inserting “Subsection (a)”; and
by adding at the end the following:
“(c) Prohibition on Federal financial assistance
“(1) In general—A public institution of higher education in a State may not receive any Federal financial assistance for the fiscal year following any fiscal year in which the Secretary of Education determines that the institution is an ineligible institution under paragraph (2).
“(2) Ineligibility—A public institution of higher education in a State is an ineligible institution for purposes of this subsection if the institution—
“(A) charges an alien who is not lawfully present in the United States tuition for attendance at the institution at a rate that is less than or equal to the rate charged for residents of the State who are citizens of the United States; or
“(B) provides State-based financial aid to an alien who is not lawfully present in the United States.
“(3) Definitions—In this subsection:
“(A) The term “Federal financial assistance” has the meaning given such term in section 7501(a)(5) of title 31, United States Code.
“(B) 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).
“(C) The term “State” has the meaning given such term in section 103 of the Higher Education Act of 1964 (20 U.S.C. 1003).”