No In-State Tuition for Illegal Immigrants Act

Bill Number: H.R. 2490
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Immigration
Status: Introduced
Latest Action: 2025-03-31: Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce, 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.
Last Updated: 2026-04-29T08:07:05Z

AI-Generated Summary

Purpose

The "No In-State Tuition for Illegal Immigrants Act" (H.R. 2490) aims to enforce restrictions on states providing in-state tuition rates to undocumented immigrants (referred to as "aliens not lawfully present in the United States") by tying compliance to federal higher education funding. It builds on existing federal law to prevent states from offering such tuition benefits without facing financial penalties.

Key Provisions

Amendment to Existing Law: Modifies Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) by adding a new subsection (c).
Ineligibility for Federal Funding: A state becomes ineligible for federal financial assistance under Title IV of the Higher Education Act of 1965 (which includes student loans, grants, and work-study programs) in the fiscal year following any year where the Secretary of Education determines the state has violated the rule.
Violation Definition: A state violates the rule if it charges undocumented immigrants tuition at a public institution of higher education that is equal to or lower than the rate for U.S. citizen residents of the state.
Definitions:
"Federal financial assistance" means funds as defined in federal regulations (31 U.S.C. 7501(a)(5)).
"Institution of higher education" refers to colleges and universities eligible under federal law (20 U.S.C. 1001).
"State" includes the 50 states, District of Columbia, and territories as defined in federal education law (20 U.S.C. 1003).
The original subsection (b) of Section 505 is clarified to apply only to subsection (a), which already prohibits states from offering in-state tuition to undocumented immigrants unless the same rate is available to all U.S. citizens from other states.

Significant Changes to Existing Law

Prior to this bill, Section 505 prohibited states from granting in-state tuition to undocumented immigrants (unless equally available to out-of-state U.S. citizens), but it lacked a direct enforcement mechanism like funding cuts.
This amendment introduces a new penalty: Loss of Title IV funding, making the prohibition more enforceable by linking it to substantial federal education dollars (over $100 billion annually nationwide).
It does not alter the core prohibition but expands its scope by adding fiscal consequences determined annually by the Secretary of Education.

Potential Impacts

On Government Agencies: The U.S. Department of Education gains authority to monitor state tuition policies and withhold Title IV funds, potentially increasing administrative workload for compliance reviews.
On Citizens and Students: U.S. citizen students from out-of-state may benefit from ensured equal access to in-state rates without competition from undocumented immigrants, but overall higher education access could be strained if states raise tuition to avoid penalties.
On Undocumented Immigrants: Could lead to higher out-of-state tuition costs (often 2-3 times in-state rates), limiting affordable access to public colleges and universities.
On States and Institutions: States offering in-state tuition to undocumented students (about 20 states currently do so) risk losing federal aid, which could reduce funding for student financial aid programs and affect enrollment at public institutions.
International Relations: Minimal direct impact, though it reinforces U.S. immigration enforcement, potentially influencing perceptions of U.S. policy toward undocumented populations from other countries.

Main Stakeholders Affected

States and Public Higher Education Institutions: Directly face funding risks and must adjust tuition policies to comply.
Undocumented Immigrants: Primary group targeted, as they may lose access to lower tuition rates.
U.S. Citizen Students (Especially Out-of-State): Indirect beneficiaries through preserved in-state rate equity.
Federal Government (Department of Education): Responsible for enforcement and fund distribution.
Higher Education Advocates and Immigrant Rights Groups: Likely to oppose due to effects on educational access.

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens enforcement of immigration law through the federal spending power (Congress's authority to attach conditions to funds), but could lead to lawsuits if states challenge the Secretary of Education's determinations as arbitrary.
Constitutional: May raise questions under the 10th Amendment (states' rights) regarding federal coercion via conditional funding, similar to past cases like South Dakota v. Dole (1987), where the Supreme Court upheld tying highway funds to drinking age laws but set limits on undue influence.
Political: Highlights tensions between federal immigration control and state education autonomy; could spark debates on equity in higher education access and the role of undocumented immigrants (estimated 700,000+ in U.S. colleges), potentially influencing future immigration reform efforts.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Burchett, Tim [R-TN-2]

Cosponsors (4)

Rep. Owens, Burgess [R-UT-4], Rep. Brecheen, Josh [R-OK-2], Rep. Biggs, Sheri [R-SC-3], Rep. Gosar, Paul A. [R-AZ-9]

Recent Actions

2025-03-31: Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce, 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.
2025-03-31: Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce, 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.
2025-03-31: Introduced in House
2025-03-31: Introduced in House

Bill Versions

No In-State Tuition for Illegal Immigrants Act — issued 2025-03-31 — PDF (3 pages)