[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1701 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1701
To prohibit discrimination in higher education against certain
noncitizen students on the basis of immigration status, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Gallego (for himself, Mr. Stanton, Mr. Espaillat, Mr. Soto, Ms.
Barragan, and Ms. Garcia of Texas) introduced the following bill; which
was referred to the Committee on Education and the Workforce, and in
addition to the Committee on the Judiciary, 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 discrimination in higher education against certain
noncitizen students on the basis of immigration status, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Dream Act of
2023''.
SEC. 2. HIGHER EDUCATION FOR DREAMER STUDENTS.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. NONDISCRIMINATION AGAINST DREAMER STUDENTS IN HIGHER
EDUCATION.
``(a) Eligibility.--An institution of higher education that
receives Federal funds or financial assistance under any Federal
program shall not prohibit a Dreamer student from applying for
admission, nor shall it prohibit a Dreamer student who is accepted to
that institution from enrolling.
``(b) Admissions.--An institution of higher education that receives
Federal funds or financial assistance under any Federal program shall
not discriminate against or penalize in the admissions process a
Dreamer student who is otherwise qualified for admission to the
institution, on the basis of that individual's immigration status, nor
shall such an institution differentiate in the admissions process on
the basis of residency between a United States citizen applicant and a
Dreamer student applying from the same State.
``(c) Tuition Rate.--An institution of higher education that
receives Federal funds or financial assistance under any Federal
program shall not charge a greater rate of tuition than the rate
charged for residents of the State in which the institution is located
to a Dreamer student who, but for such individual's immigration status,
otherwise qualifies as a resident of the State in which the institution
is located.
``(d) Remedies.--An institution of higher education that violates
subsection (a), (b), or (c) shall be subject to the remedies described
in sections 454 and 455 of the General Education Provisions Act (8
U.S.C. 1234c, 1234d).
``(e) Confidentiality of Information.--
``(1) Prohibition.--No officer or employee of the United
States, of a State, or of an institution of higher education
that receives Federal funds or financial assistance under any
Federal program to which a Dreamer student applies for
admission or enrolls, may--
``(A) use the information furnished by the Dreamer
student to arrest, detain, or initiate removal
proceedings against any person identified in that
information;
``(B) make any publication whereby the information
furnished by any particular Dreamer student can be
identified; or
``(C) permit anyone other than an officer or
employee of the Federal Government or the institution
of higher education to which a Dreamer student applies
or enrolls, to examine any information provided by a
Dreamer student relating to that individual's
immigration status or qualifications to be a Dreamer
student.
``(2) Penalty.--Whoever knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be fined not more than $50,000.
``(f) Definition of Dreamer Student.--In this section, the term
`Dreamer student' means an individual who--
``(1) is not a national of the United States (as defined in
section 101(a)(21) of the Immigration and Nationality Act (8
U.S.C. 1101(21)));
``(2) maintains a residence in the United States (as
defined in section 101(a)(33) of such Act (8 U.S.C. 1101(33)));
``(3)(A) is not authorized to be temporarily in the United
States under subparagraph (F), (J), (M), or (Q) of section
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)); or
``(B) does not have an application pending for the purpose
of seeking such authorization;
``(4)(A) possesses a valid document or documents
demonstrating that the individual is in a lawful immigration
status in the United States (excluding a nonimmigrant status
under subparagraph (F), (J), (M), or (Q) of section 101(a)(15)
of such Act (8 U.S.C. 1101(a)(15)));
``(B) possesses a valid document or documents demonstrating
that the individual is lawfully present in the United States
(excluding lawful presence, or a pending application, under any
of such subparagraphs);
``(C) possesses an expired document or documents
demonstrating that the individual, in the past, was granted--
``(i) deferred action pursuant to the Deferred
Action for Childhood Arrivals policy announced by the
Secretary of Homeland Security on June 15, 2012;
``(ii) temporary protected status under section 244
of the Immigration and Nationality Act (8 U.S.C.
1254a);
``(iii) Deferred Enforced Departure; or
``(iv) status as the son or daughter of an alien
admitted as a nonimmigrant under subparagraph (E)(i),
(E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of
such Act (8 U.S.C. 1101(a)(15)); or
``(D) would have been eligible for deferred action pursuant
to the Deferred Action for Childhood Arrivals policy announced
by the Secretary of Homeland Security on June 15, 2012, if not
for the court orders of the United States Court of Appeals for
the Fifth Circuit in Texas et al. v. United States of America
et al., No. 21-40680 (Oct. 5, 2022) and the United States
District Court for the Southern District of Texas in Texas, et
al., v. United States of America, et al., 1:18-CV-00068, (July
16, 2021), and has never engaged in conduct that would render
the individual ineligible for that relief;
``(5) was 18 years of age or younger on the date on which
the individual initially entered the United States;
``(6) has provided a list of each secondary school that the
student attended in the United States; and
``(7)(A) has earned a high school diploma, the recognized
equivalent of such diploma from a secondary school, or a high
school equivalency diploma in the United States or is scheduled
to complete the requirements for such a diploma or equivalent
before the next academic year begins;
``(B) has acquired a degree from an institution of higher
education or is enrolled in a program for a baccalaureate
degree or higher degree at an institution of higher education
in the United States; or
``(C) has served in the uniformed services, as defined in
section 101 of title 10, United States Code, for not less than
4 years and, if discharged, received an honorable discharge.''.
SEC. 3. FEDERAL AID ELIGIBILITY.
Section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(5)) is amended by inserting ``a Dreamer student (as defined in
section 124(f)),'' after ``permanent resident of the United States,''.
SEC. 4. REPEAL OF PROHIBITION.
Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
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