[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1298 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1298
To prohibit discrimination in higher education against certain
undocumented students on the basis of immigration status, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2019
Mr. Lewis (for himself and Mr. Gallego) introduced the following bill;
which was referred to the Committee on Education and Labor, and in
addition to the Committee on the Judiciary, 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
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A BILL
To prohibit discrimination in higher education against certain
undocumented students on the basis of immigration status, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Dream Act of
2019''.
SEC. 2. HIGHER EDUCATION FOR DREAMER STUDENTS.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. NONDISCRIMINATION AGAINST DREAMER STUDENTS IN HIGHER
EDUCATION.
``(a) In General.--An institution of higher education that receives
Federal funds or financial assistance under any Federal program shall
not discriminate or take adverse action against a Dreamer student on
the basis of that individual's immigration status.
``(b) Eligibility.--An institution of higher education that
receives Federal funds or financial assistance under any Federal
program shall not prohibit a Dreamer student from applying for
admission, nor shall it prohibit a Dreamer student who is accepted to
that institution from enrolling.
``(c) Admissions.--An institution of higher education that receives
Federal funds or financial assistance under any Federal program shall
not discriminate against or penalize in the admissions process a
Dreamer student who is otherwise qualified for admission to the
institution, on the basis of that individual's immigration status, nor
shall such an institution differentiate in the admissions process on
the basis of residency between a United States citizen applicant and a
Dreamer student applying from the same State.
``(d) Tuition Rate.--An institution of higher education that
receives Federal funds or financial assistance under any Federal
program shall not charge a greater rate of tuition than the rate
charged for residents of the State in which the institution is located
to a Dreamer student who, but for such individual's immigration status,
otherwise qualifies as a resident of the State in which the institution
is located.
``(e) Confidentiality of Information.--
``(1) Prohibition.--No officer or employee of the United
States, of a State, or of an institution of higher education
that receives Federal funds or financial assistance under any
Federal program to which a Dreamer student applies for
admission or enrolls, may--
``(A) use the information furnished by the Dreamer
student to arrest, detain, or initiate removal
proceedings against any person identified in that
information;
``(B) make any publication whereby the information
furnished by any particular Dreamer student can be
identified; or
``(C) permit anyone other than an officer or
employee of the Federal Government or the institution
of higher education to which a Dreamer student applies
or enrolls, to examine any information provided by a
Dreamer student relating to that individual's
immigration status or qualifications to be a Dreamer
student.
``(2) Penalty.--Whoever knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be fined not more than $50,000.
``(f) Definition of Dreamer Student.--
``(1) In general.--In this section, the term `Dreamer
student' means an individual who--
``(A) as defined in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101)--
``(i) is not a national of the United
States;
``(ii) maintains a residence in the United
States;
``(iii) does not possess a valid immigrant
visa, a valid nonimmigrant visa, or equivalent
document demonstrating a lawful immigration
status in the United States; and
``(iv) is not considered to be a
nonimmigrant solely due to the application of
section 244(f)(4) of such Act (8 U.S.C.
1254a(f)(4));
``(B) was younger than 18 years of age on the date
on which the individual initially entered the United
States;
``(C) has provided a list of each secondary school
that the student attended in the United States; and
``(D)(i) has earned a high school diploma, the
recognized equivalent of such diploma from a secondary
school, or a high school equivalency diploma in the
United States or is scheduled to complete the
requirements for such a diploma or equivalent before
the next academic year begins;
``(ii) has acquired a degree from an institution of
higher education or is enrolled in a program for a
baccalaureate degree or higher degree at an institution
of higher education in the United States;
``(iii) at any time was eligible for a grant of
deferred action under--
``(I) the June 15, 2012, memorandum from
the Secretary of Homeland Security entitled
`Exercising Prosecutorial Discretion with
Respect to Individuals Who Came to the United
States as Children'; or
``(II) the November 20, 2014, memorandum
from the Secretary of Homeland Security
entitled `Exercising Prosecutorial Discretion
with Respect to Individuals Who Came to the
United States as Children and with Respect to
Certain Individuals Who Are the Parents of U.S.
Citizens or Permanent Residents'; or
``(iv) has served in the uniformed services, as
defined in section 101 of title 10, United States Code,
for not less than 4 years and, if discharged, received
an honorable discharge.
``(2) Hardship exception.--The Secretary shall issue
regulations that direct when an institution of higher education
shall waive the requirement of subparagraph (B) or (C), or
both, of paragraph (1) for an individual to qualify as a
Dreamer student under such paragraph, if the individual--
``(A) demonstrates compelling circumstances for the
inability to satisfy the requirement of such
subparagraph (B) or (C), or both; and
``(B) satisfies the requirement of paragraph
(1)(D).''.
SEC. 3. FEDERAL AID ELIGIBILITY.
Section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(5)) is amended by inserting ``a Dreamer student (as defined in
section 124(f)),'' after ``permanent resident of the United States,''.
SEC. 4. REPEAL OF PROHIBITION.
Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
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