Protecting Student Privacy Act
- Bill Number
- H.R. 9134
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Education
- Status
- Introduced
- Latest Action
- 2026-06-03: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2026-07-01T08:08:13Z
AI-Generated Summary
Protecting Student Privacy Act H.R. 9134 (119th Congress)
Purpose
The legislation amends the Higher Education Act of 1965 to prevent personally identifiable information submitted on the Free Application for Federal Student Aid (FAFSA) from being shared with or used by federal, state, or local agencies for immigration enforcement purposes.
Key Provisions
- Prohibition on disclosure: Federal student aid information may not be shared with the Department of Homeland Security, other federal agencies with immigration enforcement authority, or state/local agencies operating under 287(g) agreements for immigration enforcement. It also may not be treated as subject to disclosure under 8 U.S.C. 1373.
- Exceptions: Disclosure is permitted only pursuant to a court order related to a federal or state criminal offense allegedly committed by the student, or with the voluntary and express consent of the student or contributor individual (such as a parent or spouse).
- Anti-coercion rule: Consent is invalid if requested or obtained through coercion or pressure by an immigration enforcement agency.
- Congressional reporting: The Secretary of Education must report to Congress any known violations, including details of the disclosure and remedial steps.
- Supremacy clause: The new section overrides any contrary federal, state, or local law that would otherwise authorize prohibited disclosures.
- Definitions: Clarifies terms including "contributor individual," "federal student aid information," "immigration enforcement," and "immigration laws."
Significant Changes to Existing Law
This bill introduces new restrictions on the use of FAFSA data that did not previously exist in the Higher Education Act. It creates explicit limits on information sharing with immigration authorities and adds procedural safeguards (court order or uncoerced consent) not found in current statutes governing student aid data.
Potential Impacts
- Government agencies: Limits data access for the Department of Homeland Security and participating state/local law enforcement agencies, potentially restricting their use of FAFSA records in immigration-related activities.
- Citizens and applicants: Protects privacy for students and their families who submit financial information for federal student aid, reducing the risk of immigration-related consequences from aid applications.
- International relations: No direct effects identified in the legislation.
Main Stakeholders Affected
- Students and families applying for federal student aid.
- The Department of Education (as administrator of FAFSA data).
- The Department of Homeland Security and other immigration enforcement agencies.
- State and local law enforcement agencies with 287(g) agreements.
- Educational institutions that process or rely on FAFSA information.
Notable Legal, Constitutional, or Political Implications
The bill asserts federal preemption over state and local laws regarding disclosure of student aid data. It establishes a reporting requirement to Congress for violations but does not create new private rights of action or penalties. The provisions balance privacy protections with limited exceptions tied to criminal proceedings or voluntary consent.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Rep. Casar, Greg [D-TX-35], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Liccardo, Sam T. [D-CA-16], Rep. Larson, John B. [D-CT-1], Rep. Grijalva, Adelita S. [D-AZ-7]
Recent Actions
- 2026-06-03: Referred to the House Committee on Education and Workforce.
- 2026-06-03: Introduced in House
- 2026-06-03: Introduced in House
Bill Versions
- Protecting Student Privacy Act — issued 2026-06-03 — PDF (5 pages)