[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 768 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 768

 To amend title IV of the Higher Education Act of 1965 to prohibit the 
provision of funds under such title to institutions of higher education 
       that violate the immigration laws, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2019

Mr. Hunter (for himself, Mr. Jones, Mr. Biggs, Mr. Babin, Mr. Gohmert, 
   Mr. Grothman, Mr. Hice of Georgia, and Mr. Gosar) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
 To amend title IV of the Higher Education Act of 1965 to prohibit the 
provision of funds under such title to institutions of higher education 
       that violate the immigration laws, 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 ``No Funding for Sanctuary Campuses 
Act''.

SEC. 2. TREATMENT OF SANCTUARY CAMPUSES.

    (a) In General.--Part G of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the 
following:

``SEC. 493E. TREATMENT OF SANCTUARY CAMPUSES.

    ``(a) Definition.--
            ``(1) In general.--For purposes of this section, the term 
        `sanctuary campus' means any institution of higher education 
        (as defined in section 102) that--
                    ``(A) has in effect an ordinance, policy, or 
                practice that prohibits or restricts any institutional 
                entity, official, or personnel from--
                            ``(i) sending, receiving, maintaining, or 
                        exchanging with any Federal, State, or local 
                        government entity information regarding the 
                        citizenship or immigration status (lawful or 
                        unlawful) of any individual;
                            ``(ii) complying with a request lawfully 
                        made by the Secretary of Homeland Security 
                        under section 236 or 287 of the Immigration and 
                        Nationality Act (8 U.S.C. 1226 or 1357) to 
                        comply with a detainer for, or notify about the 
                        release of, an individual; or
                            ``(iii) otherwise complying with section 
                        642 of the Illegal Immigration Reform and 
                        Immigrant Responsibility Act of 1996 (8 U.S.C. 
                        1373);
                    ``(B) brings in, or harbors, an alien in violation 
                of section 274(a)(1)(A) of the Immigration and 
                Nationality Act (8 U.S.C. 1324(a)(1)(A));
                    ``(C) renders an alien who lacks a lawful 
                immigration status in the United States eligible for 
                any postsecondary education benefit provided on the 
                basis of residence within a State (or a political 
                subdivision of a State) to the same extent as a citizen 
                or national of the United States is eligible for such 
                benefit; or
                    ``(D) has in effect a policy or practice that 
                either prohibits, or in effect prevents, the Secretary 
                of Homeland Security from gaining access to campuses or 
                access to students (who are 17 years of age or older) 
                on campuses, for purposes of Department of Homeland 
                Security recruiting in a manner that is at least equal 
                in quality and scope to the access to campuses and to 
                students that is provided to any other employer.
            ``(2) Exceptions.--An institution of higher education shall 
        not be considered a sanctuary campus for purposes of this 
        section based solely on the institution having a policy under 
        which its officials, with respect to an individual who comes 
        forward as a victim or a witness to a criminal offense, will 
        not--
                    ``(A) send, receive, maintain, or exchange with any 
                Federal, State, or local government entity information 
                regarding the citizenship or immigration status (lawful 
                or unlawful) of the individual; or
                    ``(B) comply with a request made by the Secretary 
                of Homeland Security under section 236 or 287 of the 
                Immigration and Nationality Act (8 U.S.C. 1226 or 1357) 
                to comply with a detainer for, or notify about the 
                release of, the individual.
    ``(b) Determination by Secretary of Homeland Security.--Whenever 
the Secretary of Homeland Security makes a determination that an 
institution of higher education is a sanctuary campus, the Secretary--
            ``(1) shall transmit a notice of the determination to the 
        Secretary of Education; and
            ``(2) shall publish in the Federal Register a notice of the 
        determination and the effect of the determination on the 
        eligibility of the institution for funding under this title.
    ``(c) Effect of Determination.--An institution determined under 
subsection (b) to be a sanctuary campus is ineligible to receive funds 
under this title.
    ``(d) Sense of Congress.--It is the sense of the Congress that 
providing the public benefit of in-State tuition to an alien who lacks 
lawful immigration status in the United States creates an incentive for 
illegal immigration and encourages and induces aliens to come to, 
enter, or reside in the United States, as described in section 
274(a)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(1)(A)(iv)).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 90 days after the date of the enactment 
of this Act.
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