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.