Protection of United States taxpayers and college students

(a) National policy (1) In general Section 400 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193; 8 U.S.C. 1601) is amended— (A) in the section heading, by striking welfare and inserting public benefits; (B) in the matter preceding paragraph (1), by striking The Congress and inserting the following: (a) Statement of national policy concerning welfare and immigration Congress; and (C) by adding at the end the following: (b) Statement of national policy concerning public education and immigration (1) Findings Congress finds that the right to a free public education for aliens who are not lawfully admitted for permanent residence— (A) creates a significant burden on the budgets of States and local governments by depleting their limited educational resources; and (B) promotes violations of the immigration laws inconsistent with Federal law and policy. (2) Defined term In this subsection, the term lawfully admitted for permanent residence has the meaning given such term in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). (3) Policy It is the policy of the United States that— (A) aliens who are not lawfully admitted for permanent residence should not be entitled to public education benefits in the same manner as United States citizens and aliens who are lawfully admitted for permanent residence; and (B) States should not be obligated to provide public education benefits to aliens who are not lawfully admitted for permanent residence.. (b) Limitation on eligibility for preferential treatment of certain aliens for higher education benefits (1) In general Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is amended to read as follows: 505. Limitation on eligibility for preferential treatment of certain aliens for higher education benefits (a) Definitions In this section: (1) Lawfully admitted for permanent residence The term lawfully admitted for permanent residence has the meaning given such term in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). (2) Postsecondary educational institution The term postsecondary educational institution has the meaning given the term institution of higher education in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (b) In general Notwithstanding any other provision of law— (1) any alien who is not lawfully admitted for permanent residence shall be required to pay to the postsecondary educational institution at which such alien is enrolled not less than the amount of tuition, fees, and other costs charged to any student carrying the same academic workload who is not a resident of the State or political subdivision in which that institution is located; and (2) no citizen or national of the United States may be charged a higher amount of tuition, fees, or other costs as a student carrying the same academic workload than the amount of such tuition, fees, and other costs charged to an alien who is not lawfully admitted for permanent residence, with such tuition, fees, and costs determined net of any discounts or benefits provided by any level of government or by the postsecondary educational institution. (c) Applicability This section shall apply to all tuition, fees, and other costs paid by students on or after the date of the enactment of the Americans First Immigration Act to attend any postsecondary educational institution. (d) Penalties The Secretary of Homeland Security may not approve a postsecondary educational institution that is in violation of subsection (b) for any student seeking to enter the United States for the purpose of pursuing a full course of study at that institution under clause (i) or (iii) of section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) for a period of 5 years.. (2) Clerical amendment The table of contents for the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–546) is amended by striking the item relating to section 505 and inserting the following: Sec. 505. Limitation on eligibility for preferential treatment of certain aliens for higher education benefits.. (3) Technical amendments Section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended by striking Attorney General each place such term appears and inserting Secretary of Homeland Security. (c) Effective date; applicability (1) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Applicability The amendment made by subsection (b)(1) shall apply to all tuition, fees, and other costs paid by students on or after the date of the enactment of this Act to any postsecondary educational institution (as defined in such amendment).