[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4134 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4134

  To amend the Immigration and Nationality Act to authorize States to 
 deny public education benefits to aliens not lawfully present in the 
United States who are not enrolled in public schools during the period 
         beginning September 1, 1996, and ending July 1, 1997.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 1996

 Mr. Gallegly introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
Economic and Educational Opportunities, 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 amend the Immigration and Nationality Act to authorize States to 
 deny public education benefits to aliens not lawfully present in the 
United States who are not enrolled in public schools during the period 
         beginning September 1, 1996, and ending July 1, 1997.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZING STATES TO DENY PUBLIC EDUCATION BENEFITS TO 
              CERTAIN ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES.

    (a) In General.--The Immigration and Nationality Act is amended by 
adding after title V the following new title:

    ``TITLE VI--AUTHORIZING STATES TO DISQUALIFY CERTAIN ALIENS NOT 
  LAWFULLY PRESENT IN THE UNITED STATES FROM PUBLIC EDUCATION BENEFITS

 ``congressional policy regarding ineligibility of aliens not lawfully 
       present in the united states for public education benefits

    ``Sec. 601. (a) Statement of Policy.--Because Congress views that 
the right to a free public education for aliens who are not lawfully 
present in the United States promotes violations of the immigration 
laws and because such a free public education for such aliens creates a 
significant burden on States' economies and depletes States' limited 
educational resources, Congress declares it to be the policy of the 
United States that--
            ``(1) aliens who are not lawfully present in the United 
        States are not entitled to public education benefits in the 
        same manner as United States citizens, nationals, and lawful 
        resident aliens; and
            ``(2) States should not be obligated to provide public 
        education benefits to aliens who are not lawfully present in 
        the United States.
    ``(b) Construction.--Nothing in this section shall be construed as 
expressing any statement of Federal policy with regard to--
            ``(1) aliens who are lawfully present in the United States,
            ``(2) benefits other than public education benefits 
        provided under State law, or
            ``(3) preventing the exclusion or deportation of aliens 
        unlawfully present in the United States.

                         ``authority of states

    ``Sec. 602. (a) In General.--In order to carry out the policies 
described in section 601, each State may provide, subject to subsection 
(f), with respect to an alien who is not lawfully present in the United 
States that--
            ``(1) the alien is not eligible for public education 
        benefits under State law; or
            ``(2) the alien is required, as a condition of obtaining 
        such benefits, to pay a fee in an amount consistent with the 
        following:
                    ``(A) In the case of a State that requires payment 
                of a fee of nonresidents as a condition of obtaining 
                such benefits, the amount of such nonresident fee.
                    ``(B) In the case of any other State, an amount 
                specified by the State, not to exceed the average per 
                pupil expenditures for such benefits (as determined by 
                the State and selected by the State either for the 
                State or for the local educational agency involved).
    ``(b) Individuals Not Lawfully Present in the United States.--For 
purposes of subsection (a), an individual shall be considered to be not 
lawfully present in the United States unless the individual (or, in the 
case of an individual who is a child, another on the child's behalf)--
            ``(1) declares in writing under penalty of perjury that the 
        individual (or child) is a citizen or national of the United 
        States and (if required by a State) presents evidence of United 
        States citizenship or nationality; or
            ``(2)(A) declares in writing under penalty of perjury that 
        the individual (or child) is not a citizen or national of the 
        United States but is an alien lawfully present in the United 
        States, and
            ``(B) presents either--
                    ``(i) documentation described in section 1137(d)(2) 
                of the Social Security Act, or
                    ``(ii) such other documents as the State determines 
                constitutes reasonable evidence indicating that the 
                individual (or child) is an alien lawfully present in 
                the United States.
    ``(c) Procedures for Screening.--If a State provides for 
immigration eligibility screening pursuant to this section for 
individuals who are seeking public education benefits, the State shall 
provide for such screening for all individuals seeking such benefits.
    ``(2) A State may (at its option) verify with the Service the 
alien's immigration status through a system for alien verification of 
eligibility (SAVE) described in section 1137(d)(3) of the Social 
Security Act (42 U.S.C. 1320b-7(d)(3)).
    ``(d) Opportunity for Fair Hearing.--If a State denies public 
education benefits under this section with respect to an alien, the 
State shall provide the alien with an opportunity for a fair hearing to 
establish that the alien has been determined by the Service to be 
lawfully present in the United States, consistent with subsection (b) 
and Federal immigration law.
    ``(e) No Requirement to Deny Free Public Education.--No State shall 
be required by this section to deny public education benefits to any 
alien not lawfully present in the United States.
    ``(f) No Authority to Deny Free Public Education to Students 
Enrolled At Any Time During the Period Beginning September 1, 1996, and 
Ending July 1, 1997.--(1) A State may not deny, and may not require 
payment of a fee as a condition for the receipt of, public education 
benefits under this section with respect to a protected alien.
    ``(2) For purposes of this subsection, the term `protected alien' 
means an alien who is not lawfully present in the United States and is 
enrolled as a student in a public elementary or secondary school in the 
United States at any time during the period beginning September 1, 
1996, and ending July 1, 1997.
    ``(g) No Impact on Immigration Status.--Nothing in this section or 
section 601 shall be construed as affecting the immigration status of 
any alien, including the conferring of any immigration benefit or 
change in any proceedings under this Act with respect to the alien.''.
    (b) Clerical Amendment.--The table of contents is amended by adding 
at the end the following new items:

    ``TITLE VI--AUTHORIZING STATES TO DISQUALIFY CERTAIN ALIENS NOT 
  LAWFULLY PRESENT IN THE UNITED STATES FROM PUBLIC EDUCATION BENEFITS

``Sec. 601. Congressional policy regarding ineligibility of aliens not 
                            lawfully present in the United States for 
                            public education benefits.
``Sec. 602. Authority of States.''.
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