[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1701 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 1701

    To prohibit discrimination in higher education against certain 
 noncitizen students on the basis of immigration status, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2023

  Mr. Gallego (for himself, Mr. Stanton, Mr. Espaillat, Mr. Soto, Ms. 
Barragan, and Ms. Garcia of Texas) introduced the following bill; which 
 was referred to the Committee on Education and the Workforce, 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

_______________________________________________________________________

                                 A BILL


 
    To prohibit discrimination in higher education against certain 
 noncitizen 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 
2023''.

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) 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.
    ``(b) 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.
    ``(c) 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.
    ``(d) Remedies.--An institution of higher education that violates 
subsection (a), (b), or (c) shall be subject to the remedies described 
in sections 454 and 455 of the General Education Provisions Act (8 
U.S.C. 1234c, 1234d).
    ``(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.--In this section, the term 
`Dreamer student' means an individual who--
            ``(1) is not a national of the United States (as defined in 
        section 101(a)(21) of the Immigration and Nationality Act (8 
        U.S.C. 1101(21)));
            ``(2) maintains a residence in the United States (as 
        defined in section 101(a)(33) of such Act (8 U.S.C. 1101(33)));
            ``(3)(A) is not authorized to be temporarily in the United 
        States under subparagraph (F), (J), (M), or (Q) of section 
        101(a)(15) of such Act (8 U.S.C. 1101(a)(15)); or
            ``(B) does not have an application pending for the purpose 
        of seeking such authorization;
            ``(4)(A) possesses a valid document or documents 
        demonstrating that the individual is in a lawful immigration 
        status in the United States (excluding a nonimmigrant status 
        under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) 
        of such Act (8 U.S.C. 1101(a)(15)));
            ``(B) possesses a valid document or documents demonstrating 
        that the individual is lawfully present in the United States 
        (excluding lawful presence, or a pending application, under any 
        of such subparagraphs);
            ``(C) possesses an expired document or documents 
        demonstrating that the individual, in the past, was granted--
                    ``(i) deferred action pursuant to the Deferred 
                Action for Childhood Arrivals policy announced by the 
                Secretary of Homeland Security on June 15, 2012;
                    ``(ii) temporary protected status under section 244 
                of the Immigration and Nationality Act (8 U.S.C. 
                1254a);
                    ``(iii) Deferred Enforced Departure; or
                    ``(iv) status as the son or daughter of an alien 
                admitted as a nonimmigrant under subparagraph (E)(i), 
                (E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of 
                such Act (8 U.S.C. 1101(a)(15)); or
            ``(D) would have been eligible for deferred action pursuant 
        to the Deferred Action for Childhood Arrivals policy announced 
        by the Secretary of Homeland Security on June 15, 2012, if not 
        for the court orders of the United States Court of Appeals for 
        the Fifth Circuit in Texas et al. v. United States of America 
        et al., No. 21-40680 (Oct. 5, 2022) and the United States 
        District Court for the Southern District of Texas in Texas, et 
        al., v. United States of America, et al., 1:18-CV-00068, (July 
        16, 2021), and has never engaged in conduct that would render 
        the individual ineligible for that relief;
            ``(5) was 18 years of age or younger on the date on which 
        the individual initially entered the United States;
            ``(6) has provided a list of each secondary school that the 
        student attended in the United States; and
            ``(7)(A) 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;
            ``(B) 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; or
            ``(C) 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.''.

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.
                                 <all>