[House Report 119-730]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-730
=======================================================================
FAFSA VERIFICATION EFFICIENCY ACT
----------------
July 2, 2026.--Committed to the Committee of the Whole House on the
State of
the Union and ordered to be printed
----------------
Mr. Walberg, from the Committee on Education and Workforce,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7893]
The Committee on Education and Workforce, to whom was
referred the bill (H.R. 7893) to amend the Higher Education Act
of 1965 to improve the process for the verification of social
security numbers required to be provided to the Secretary of
Education for Federal student aid, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FAFSA Verification Efficiency Act''.
SEC. 2. SOCIAL SECURITY NUMBER VERIFICATION.
Section 484(o) of the Higher Education Act of 1965 (20 U.S.C.
1091(o)) is amended, in the matter preceding paragraph (1), by striking
``The Secretary'' and all that follows through ``following conditions''
and inserting ``Notwithstanding any other provision of law, the
Secretary of Education, in cooperation with the Commissioner of the
Social Security Administration, shall verify the social security number
and citizenship status of any individual that is required to be
provided to the Secretary for Federal student aid under sections 483,
484(a), and 494, and shall enforce the following conditions''.
Purpose
H.R. 7893, FAFSA Verification Efficiency Act, amends the
Higher Education Act of 1965 (HEA) to improve the process for
the verification of Social Security Numbers (SSN) required to
be provided to the Secretary of Education for federal student
aid.
Committee Action
113TH CONGRESS
First Session--Hearing
On November 13, 2013, the Committee on Education and the
Workforce held a hearing on ``Keeping College Within Reach:
Simplifying Federal Student Aid.'' The purpose of the hearing
was to examine the need to streamline, consolidate, and
simplify federal student aid programs. Testifying before the
Committee were Ms. Kristin D. Conklin, Founding Partner, HCM
Strategies, LLC, Washington, D.C.; Dr. Sandy Baum, Research
Professor of Education Policy, George Washington University
Graduate School of Education and Human Development, and Senior
Fellow, Urban Institute, Washington, D.C.; Ms. Jennifer
Mishory, Deputy Director, Young Invincibles, Washington, D.C.;
and Mr. Jason Delisle, Director, Federal Education Budget
Project, New America Foundation, Washington, D.C.
118TH CONGRESS
Second Session--Hearings
On April 10, 2024, the Subcommittee on Higher Education and
Workforce Development held a hearing on ``FAFSA Fail: Examining
the Impact on Students, Families, and Schools.'' The purpose of
the hearing was to assess the causes and impacts of the failed
Free Application for Federal Student Aid (FAFSA) rollout,
including the effects of delays and data inaccuracies on
students and postsecondary institutions. Testifying before the
Subcommittee were Mr. Mark Kantrowitz, President, Cerebly, Inc,
Skokie, Illinois; Mr. Justin Draeger, President and CEO,
National Association of Student Financial Aid Administrators,
Washington, D.C.; Ms. Kim Cook, CEO, National College
Attainment Network, Washington, D.C.; and Ms. Rachelle Feldman,
Vice Provost, Enrollment, University of North Carolina Chapel
Hill, Chapel Hill, North Carolina.
On September 24, 2024, the Subcommittee on Higher Education
and Workforce Development held a hearing on ``GAO Uncovers
Biden-Harris FAFSA Failures.'' The purpose of the hearing was
to review data and findings from the Government Accountability
Office (GAO) on the Department of Education's implementation of
the new FAFSA, with a focus on timelines, technical challenges,
and transparency and communication with students, institutions,
and taxpayers. Testifying before the Subcommittee were Ms.
Melissa Emrey-Arras, Director, Education, Workforce, and Income
Security Issues, GAO, Washington, D.C.; and Mrs. Marisol Cruz
Cain, Director, Information Technology and Cybersecurity Team,
GAO, Washington, D.C.
119TH CONGRESS
First Session--Hearing
On September 16, 2025, the Subcommittee on Higher Education
and Workforce Development held a hearing on ``No More
Surprises: Reforming College Pricing for Students and
Families.'' The purpose of the hearing was to examine ways to
make college costs more transparent. Testifying before the
Subcommittee were Mr. Justin Draeger, Senior Vice President,
Affordability, Strada Education Foundation, Washington, D.C.;
Mr. Lee Wishing III, Vice President for Student Recruitment and
Chief Marketing Officer, Grove City College, Grove City,
Pennsylvania; Ms. Amy Laitinen, Senior Director of Higher
Education, New America, Washington, D.C.; and Dr. Andrew
Gillen, Research Fellow, Cato Institute, Washington, D.C.
Legislative Action
On March 12, 2026, Chairman Tim Walberg (R-MI) introduced
the FAFSA Verification Efficiency Act (H.R. 7893). The bill was
referred solely to the Committee on Education and Workforce. On
March 17, 2026, the Committee considered H.R. 7893 in
legislative session and reported it favorably, as amended, to
the House of Representatives by a recorded vote of 19-13.\1\
The Committee considered the following amendments to H.R. 7893:
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\1\https://www.congress.gov/bill/119th-congress/house-bill/7893/
all-actions.
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1. Chairman Walberg offered an Amendment in the
Nature of a Substitute that made a technical change.
The amendment passed by voice vote.
2. Ranking Member Robert C. ``Bobby'' Scott (D-VA)
offered an Amendment in the Nature of a Substitute that
required the Department of Education (ED) to verify any
SSN provided by a student to an eligible institution
and the SSN of any other individual that is required to
be provided to ED as a condition of eligibility for
federal student aid. The amendment failed by a recorded
vote of 13-19.
3. Representative Scott offered an amendment to
prohibit FAFSA information from being shared by ED for
immigration enforcement purposes. The amendment also
prohibited ED from collecting information on
citizenship other than for eligibility purposes. The
amendment failed by a recorded vote of 13-19.
Committee Views
INTRODUCTION
H.R. 7893, FAFSA Verification Efficiency Act, amends the
HEA to require ED, in cooperation with the Social Security
Administration (SSA), to verify the SSN and citizenship status
of anyone applying for federal student aid and their
contributors.
The FUTURE Act
Fostering Undergraduate Talent by Unlocking Resources for
Education (FUTURE) Act\2\ was enacted in 2019, and it requires
that all students, and their contributors, submitting a Free
Application for Federal Student Aid (FAFSA) consent to having
their tax information requested directly from the IRS and
populated into the FAFSA.\3\ To accomplish this authentication,
ED collects personal information, including SSNs, from
individuals when those individuals create their StudentAid.gov
account.\4\ ED shares some of this account information with
SSA, then SSA returns a verification for the SSN associated
with the individual.\5\ Citizenship status is automatically
reported to ED by SSA as part of this identity verification
process and has been since 1995.\6\
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\2\https://www.congress.gov/bill/116th-congress/house-bill/5363.
\3\26 U.S.C. 6103. https://uscode.house.gov/
view.xhtml?req=(title:26%20section:6103).
\4\https://financialaidtoolkit.ed.gov/resources/creating-
account.pdf.
\5\Id.
\6\https://www.govinfo.gov/content/pkg/FR-1995-12-01/html/95-
29338.htm.
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This data match constitutes a matching program under the
Privacy Act of 1974\7\ and is conducted under the statutory
authority provided in the HEA.\8\ However, this statutory
authority only applies to students\9\ who are applying for
federal aid and parents of dependent students,\10\ not other
contributors that a student might include on his or her FAFSA.
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\7\https://www.federalregister.gov/documents/2025/08/06/2025-14849/
privacy-act-of-1974-
matching-program.
\8\20 U.S.C. Sec. 1091(p) https://uscode.house.gov/
view.xhtml?req=granuleid:USC-2012-title20-
section1091&num=0&edition=2012.
\9\https://uscode.house.gov/view.xhtml?req=granuleid:USC-2012-
title20-
section1091&num=0&edition=2012.
\10\20 U.S.C. Sec. 1078-2(f) https://uscode.house.gov/
view.xhtml?req=(title:20%20section:1078-2%20edition:prelim).
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Importance of Citizenship Verification
The HEA authorizes ED to verify an individual's citizenship
and immigration status through his or her SSN when that
individual applies for federal aid, including a grant, loan, or
work study.\11\ Only U.S. citizens, permanent residents, and
individuals able to provide evidence that they are in the U.S.
for a non-temporary purpose with the intention of becoming a
citizen or a permanent resident are eligible to receive federal
student aid.\12\ Verifying students' citizenship is statutorily
required to ensure that only U.S. citizens are utilizing
federal student aid. If an individual has an SSN, it must be
provided when creating a StudentAid.gov account. However, as
long as the student applying for federal aid is a citizen, HEA
does not require contributors (parents, stepparents, and
spouses) to be a citizen.\13\ Contributors without an SSN can
still create an account with the SSN field blank to contribute
to a student's FAFSA-reported income.\14\ However, when
contributors are able to provide an SSN, SSA can complete
identity verification more efficiently, decreasing the time
students must wait for this verification.
---------------------------------------------------------------------------
\11\20 U.S.C. Sec. 1091(g) https://uscode.house.gov/
view.xhtml?req=granuleid:USC-2012-title20-
section1091&num=0&edition=2012.
\12\https://uscode.house.gov/view.xhtml?req=granuleid:USC-2012-
title20-section1091&num=0&
edition=2012.
\13\Memo from Department of Education.
\14\https://financialaidtoolkit.ed.gov/resources/creating-
account.pdf.
---------------------------------------------------------------------------
Need for Legislation
ED requested clarifying language to support the
verification of contributors' SSNs and citizenship status.
There are many cases where a student's spouse needs a
StudentAid.gov account. For example, an account is necessary
when the student and his or her spouse did not jointly file
taxes.\15\ According to ED, there are over 1 million married
FAFSA applicants applying for aid each year whose spouses need
to have their information verified by SSA.\16\ Additionally, a
student with divorced parents whose parent remarried but did
not file taxes jointly would be required to list both the
parent and the stepparent as a contributor on the FAFSA; both
the parent and stepparent would need a StudentAid.gov account
in this case.\17\ The FAFSA Verification Efficiency Act will
clarify that anyone who makes a StudentAid.gov account--
including spouses and stepparents--must have their identity and
SSN verified through SSA.
---------------------------------------------------------------------------
\15\https://financialaidtoolkit.ed.gov/resources/creating-
account.pdf.
\16\Memo from Department of Education.
\17\https://studentaid.gov/fafsa-apply/parents.
---------------------------------------------------------------------------
CONCLUSION
Congress should strive to make the StudentAid.gov
verification process straightforward and efficient for students
to encourage them to quickly complete their FAFSAs. Some forms,
however, are not available to the student until identity
verification is complete, which currently takes between one and
three days.\18\ The FAFSA Verification Efficiency Act ensures
that ED and SSA are using all the information available to
them, which includes citizenship status, to quickly and
accurately verify an individual's identity.
---------------------------------------------------------------------------
\18\https://financialaidtoolkit.ed.gov/resources/creating-
account.pdf.
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Section-by-Section Summary
Section 1--Short title
The short title is FAFSA Verification Efficiency
Act.
Section 2--Social Security Number verification
The bill amends the HEA to require ED, in
cooperation with SSA, to verify the SSN and citizenship status
of anyone applying for federal student aid and their
contributors.
Explanation of Amendments
The amendments, including the amendment in the nature of a
substitute, are explained in the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. H.R. 7893, FAFSA Verification Efficiency Act, amends
the Higher Education Act of 1965 to improve the process for the
verification of SSNs required to be provided to the Secretary
of Education for Federal student aid. H.R. 7893 applies only to
ED and SSA and therefore does not apply to the Legislative
Branch.
Unfunded Mandate Statement
Pursuant to section 423 of the Congressional Budget and
Impoundment Control Act of 1974, Pub. L. No. 93-344 (as amended
by section 101(a)(2) of the Unfunded Mandates Reform Act of
1995, Pub. L. No. 104-4), the Committee traditionally adopts as
its own the cost estimate prepared by the Director of the
Congressional Budget Office (CBO) pursuant to section 402 of
the Congressional Budget and Impoundment Control Act of 1974.
The Committee reports that because this cost estimate was not
timely submitted to the Committee before the filing of this
report, the Committee is not in a position to make a cost
estimate for H.R. 7893.
Earmark Statement
H.R. 7893 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of House rule XXI.
Roll Call Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of rule XIII of the Rules
of the House of Representatives, the goal of H.R. 7893 is to
improve the process for the verification of Social Security
Numbers (SSN) required to be provided to the Secretary of
Education for federal student aid.
Duplication of Federal Programs
No provision of H.R. 7893 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the body of this report.
Required Committee Hearing
In compliance with clause 3(c)(6) of rule XIII the
following hearing held during the 119th Congress was used to
develop or consider H.R. 7893: On September 16, 2025, the
Committee's Higher Education and Workforce Development
Subcommittee held a hearing on ``No More Surprises: Reforming
College Pricing for Students and Families.''
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, a cost estimate was not made
available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 7893.
However, clause 3(d)(2)(B) of that Rule provides that this
requirement does not apply when, as with the present report,
the Committee has requested a cost estimate for the bill from
the Director of the Congressional Budget Office.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HIGHER EDUCATION ACT OF 1965
* * * * * * *
TITLE IV--STUDENT ASSISTANCE
* * * * * * *
Part G--General Provisions Relating to Student
Assistance Programs
* * * * * * *
SEC. 484. STUDENT ELIGIBILITY.
(a) In General.--In order to receive any grant, loan, or work
assistance under this title, a student must--
(1) be enrolled or accepted for enrollment in a
degree, certificate, or other program (including a
program of study abroad approved for credit by the
eligible institution at which such student is enrolled)
leading to a recognized educational credential at an
institution of higher education that is an eligible
institution in accordance with the provisions of
section 487, except as provided in subsections (b)(3)
and (b)(4), and not be enrolled in an elementary or
secondary school;
(2) if the student is presently enrolled at an
institution, be maintaining satisfactory progress in
the course of study the student is pursuing in
accordance with the provisions of subsection (c);
(3) not owe a refund on grants previously received at
any institution under this title, or be in default on
any loan from a student loan fund at any institution
provided for in part E, or a loan made, insured, or
guaranteed by the Secretary under this title for
attendance at any institution;
(4) file with the Secretary, as part of the original
financial aid application process, a certification,
which need not be notarized, but which shall include--
(A) a statement of educational purpose
stating that the money attributable to such
grant, loan, or loan guarantee will be used
solely for expenses related to attendance or
continued attendance at such institution; and
(B) such student's social security number;
(5) be a citizen or national of the United States, a
permanent resident of the United States, or able to
provide evidence from the Immigration and
Naturalization Service that he or she is in the United
States for other than a temporary purpose with the
intention of becoming a citizen or permanent resident;
and
(6) if the student has been convicted of, or has pled
nolo contendere or guilty to, a crime involving fraud
in obtaining funds under this title, have completed the
repayment of such funds to the Secretary, or to the
holder in the case of a loan under this title obtained
by fraud.
(b) Eligibility for Student Loans.--(1) In order to be
eligible to receive any loan under this title (other than a
loan under section 428B or 428C, or under section 428H pursuant
to an exercise of discretion under section 479A) for any period
of enrollment, a student who is not a graduate or professional
student (as defined in regulations of the Secretary), and who
is enrolled in a program at an institution which has a
participation agreement with the Secretary to make awards under
subpart 1 of part A of this title, shall--
(A)(i) have received a determination of eligibility
or ineligibility for a Pell Grant under such subpart 1
for such period of enrollment; and (ii) if determined
to be eligible, have filed an application for a Pell
Grant for such enrollment period; or
(B) have (A) filed an application with the Pell Grant
processor for such institution for such enrollment
period, and (B) received from the financial aid
administrator of the institution a preliminary
determination of the student's eligibility or
ineligibility for a grant under such subpart 1.
(2) In order to be eligible to receive any loan under section
428A for any period of enrollment, a student shall--
(A) have received a determination of need for a loan
under section 428(a)(2)(B) of this title;
(B) if determined to have need for a loan under
section 428, have applied for such a loan; and
(C) has applied for a loan under section 428H, if
such student is eligible to apply for such a loan.
(3) A student who--
(A) is carrying at least one-half the normal full-
time work load for the course of study that the student
is pursuing, as determined by an eligible institution,
and
(B) is enrolled in a course of study necessary for
enrollment in a program leading to a degree or
certificate,
shall be, notwithstanding paragraph (1) of subsection (a),
eligible to apply for loans under part B or D of this title.
The eligibility described in this paragraph shall be restricted
to one 12-month period.
(4) A student who--
(A) is carrying at least one-half the normal full-
time work load for the course of study the student is
pursuing, as determined by the institution, and
(B) is enrolled or accepted for enrollment in a
program at an eligible institution necessary for a
professional credential or certification from a State
that is required for employment as a teacher in an
elementary or secondary school in that State,
shall be, notwithstanding paragraph (1) of subsection (a),
eligible to apply for loans under part B, D, or E or work-study
assistance under part C of this title.
(5) Notwithstanding any other provision of this subsection,
no incarcerated student is eligible to receive a loan under
this title.
(c) Satisfactory Progress.--(1) For the purpose of subsection
(a)(2), a student is maintaining satisfactory progress if--
(A) the institution at which the student is in
attendance, reviews the progress of the student at the
end of each academic year, or its equivalent, as
determined by the institution, and
(B) the student has a cumulative C average, or its
equivalent or academic standing consistent with the
requirements for graduation, as determined by the
institution, at the end of the second such academic
year.
(2) Whenever a student fails to meet the eligibility
requirements of subsection (a)(2) as a result of the
application of this subsection and subsequent to that failure
the student has academic standing consistent with the
requirements for graduation, as determined by the institution,
for any grading period, the student may, subject to this
subsection, again be eligible under subsection (a)(2) for a
grant, loan, or work assistance under this title.
(3) Any institution of higher education at which the student
is in attendance may waive the provisions of paragraph (1) or
paragraph (2) of this subsection for undue hardship based on--
(A) the death of a relative of the student,
(B) the personal injury or illness of the student, or
(C) special circumstances as determined by the
institution.
(d) Students Who Are Not High School Graduates.--
(1) Student eligibility.--In order for a student who
does not have a certificate of graduation from a school
providing secondary education, or the recognized
equivalent of such certificate, to be eligible for any
assistance under subparts 1, 3, and 4 of part A and
parts B, C, D, and E of this title, the student shall
meet the requirements of one of the following
subparagraphs:
(A) The student is enrolled in an eligible
career pathway program and meets one of the
following standards:
(i) The student shall take an
independently administered examination
and shall achieve a score, specified by
the Secretary, demonstrating that such
student can benefit from the education
or training being offered. Such
examination shall be approved by the
Secretary on the basis of compliance
with such standards for development,
administration, and scoring as the
Secretary may prescribe in regulations.
(ii) The student shall be determined
as having the ability to benefit from
the education or training in accordance
with such process as the State shall
prescribe. Any such process described
or approved by a State for the purposes
of this section shall be effective 6
months after the date of submission to
the Secretary unless the Secretary
disapproves such process. In
determining whether to approve or
disapprove such process, the Secretary
shall take into account the
effectiveness of such process in
enabling students without secondary
school diplomas or the equivalent
thereof to benefit from the instruction
offered by institutions utilizing such
process, and shall also take into
account the cultural diversity,
economic circumstances, and educational
preparation of the populations served
by the institutions.
(iii) The student shall be determined
by the institution of higher education
as having the ability to benefit from
the education or training offered by
the institution of higher education
upon satisfactory completion of 6
credit hours or the equivalent
coursework that are applicable toward a
degree or certificate offered by the
institution of higher education.
(B) The student has completed a secondary
school education in a home school setting that
is treated as a home school or private school
under State law.
(2) Eligible career pathway program.--In this
subsection, the term ``eligible career pathway
program'' means a program that combines rigorous and
high-quality education, training, and other services
that--
(A) aligns with the skill needs of industries
in the economy of the State or regional economy
involved;
(B) prepares an individual to be successful
in any of a full range of secondary or
postsecondary education options, including
apprenticeships registered under the Act of
August 16, 1937 (commonly known as the
``National Apprenticeship Act''; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.) (referred to
individually in this Act as an
``apprenticeship'', except in section 171);
(C) includes counseling to support an
individual in achieving the individual's
education and career goals;
(D) includes, as appropriate, education
offered concurrently with and in the same
context as workforce preparation activities and
training for a specific occupation or
occupational cluster;
(E) organizes education, training, and other
services to meet the particular needs of an
individual in a manner that accelerates the
educational and career advancement of the
individual to the extent practicable;
(F) enables an individual to attain a
secondary school diploma or its recognized
equivalent, and at least 1 recognized
postsecondary credential; and
(G) helps an individual enter or advance
within a specific occupation or occupational
cluster.
(e) Certification for GSL Eligibility.--Each eligible
institution may certify student eligibility for a loan by an
eligible lender under part B of this title prior to completing
the review for accuracy of the information submitted by the
applicant required by regulations issued under this title, if--
(1) checks for the loans are mailed to the eligible
institution prior to disbursements;
(2) the disbursement is not made until the review is
complete; and
(3) the eligible institution has no evidence or
documentation on which the institution may base a
determination that the information submitted by the
applicant is incorrect.
(f) Loss of Eligibility for Violation of Loan Limits.--(1) No
student shall be eligible to receive any grant, loan, or work
assistance under this title if the eligible institution
determines that the student fraudulently borrowed in violation
of the annual loan limits under part B, part D, or part E of
this title in the same academic year, or if the student
fraudulently borrowed in excess of the aggregate maximum loan
limits under such part B, part D, or part E.
(2) If the institution determines that the student
inadvertently borrowed amounts in excess of such annual or
aggregate maximum loan limits, such institution shall allow the
student to repay any amount borrowed in excess of such limits
prior to certifying the student's eligibility for further
assistance under this title.
(g) Verification of Immigration Status.--
(1) In general.--The Secretary shall implement a
system under which the statements and supporting
documentation, if required, of an individual declaring
that such individual is in compliance with the
requirements of subsection (a)(5) shall be verified
prior to the individual's receipt of a grant, loan, or
work assistance under this title.
(2) Special rule.--The documents collected and
maintained by an eligible institution in the admission
of a student to the institution may be used by the
student in lieu of the documents used to establish both
employment authorization and identity under section
274A(b)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1324a) to verify eligibility to participate in
work-study programs under part C of this title.
(3) Verification mechanisms.--The Secretary is
authorized to verify such statements and supporting
documentation through a data match, using an automated
or other system, with other Federal agencies that may
be in possession of information relevant to such
statements and supporting documentation.
(4) Review.--In the case of such an individual who is
not a citizen or national of the United States, if the
statement described in paragraph (1) is submitted but
the documentation required under paragraph (2) is not
presented or if the documentation required under
paragraph (2)(A) is presented but such documentation is
not verified under paragraph (3)--
(A) the institution--
(i) shall provide a reasonable
opportunity to submit to the
institution evidence indicating a
satisfactory immigration status, and
(ii) may not delay, deny, reduce, or
terminate the individual's eligibility
for the grant, loan, or work assistance
on the basis of the individual's
immigration status until such a
reasonable opportunity has been
provided; and
(B) if there are submitted documents which
the institution determines constitute
reasonable evidence indicating such status--
(i) the institution shall transmit to
the Immigration and Naturalization
Service either photostatic or other
similar copies of such documents, or
information from such documents, as
specified by the Immigration and
Naturalization Service, for official
verification,
(ii) pending such verification, the
institution may not delay, deny,
reduce, or terminate the individual's
eligibility for the grant, loan, or
work assistance on the basis of the
individual's immigration status, and
(iii) the institution shall not be
liable for the consequences of any
action, delay, or failure of the
Service to conduct such verification.
(h) Limitations of Enforcement Actions Against
Institutions.--The Secretary shall not take any compliance,
disallowance, penalty, or other regulatory action against an
institution of higher education with respect to any error in
the institution's determination to make a student eligible for
a grant, loan, or work assistance based on citizenship or
immigration status--
(1) if the institution has provided such eligibility
based on a verification of satisfactory immigration
status by the Immigration and Naturalization Service,
(2) because the institution, under subsection
(g)(4)(A)(i), was required to provide a reasonable
opportunity to submit documentation, or
(3) because the institution, under subsection
(g)(4)(B)(i), was required to wait for the response of
the Immigration and Naturalization Service to the
institution's request for official verification of the
immigration status of the student.
(i) Validity of Loan Guarantees for Loan Payments Made Before
Immigration Status Verification Completed.--Notwithstanding
subsection (h), if--
(1) a guaranty is made under this title for a loan
made with respect to an individual,
(2) at the time the guaranty is entered into, the
provisions of subsection (h) had been complied with,
(3) amounts are paid under the loan subject to such
guaranty, and
(4) there is a subsequent determination that, because
of an unsatisfactory immigration status, the individual
is not eligible for the loan,
the official of the institution making the determination shall
notify and instruct the entity making the loan to cease further
payments under the loan, but such guaranty shall not be voided
or otherwise nullified with respect to such payments made
before the date the entity receives the notice.
(k) Special Rule for Correspondence Courses.--A student shall
not be eligible to receive grant, loan, or work assistance
under this title for a correspondence course unless such course
is part of a program leading to an associate, bachelor or
graduate degree.
(l) Courses Offered Through Distance Education.--
(1) Relation to correspondence courses.--
(A) In general.--A student enrolled in a
course of instruction at an institution of
higher education that is offered principally
through distance education and leads to a
recognized certificate, or recognized
associate, recognized baccalaureate, or
recognized graduate degree, conferred by such
institution, shall not be considered to be
enrolled in correspondence courses.
(B) Exception.--An institution of higher
education referred to in subparagraph (A) shall
not include an institution or school described
in section 3(3)(C) of the Carl D. Perkins
Career and Technical Education Act of 2006.
(2) Reductions of financial aid.--A student's
eligibility to receive grants, loans, or work
assistance under this title shall be reduced if a
financial aid officer determines under the
discretionary authority provided in section 479A that
distance education results in a substantially reduced
cost of attendance to such student.
(3) Special rule.--For award years beginning prior to
July 1, 2008, the Secretary shall not take any
compliance, disallowance, penalty, or other action
based on a violation of this subsection against a
student or an eligible institution when such action
arises out of such institution's prior award of student
assistance under this title if the institution
demonstrates to the satisfaction of the Secretary that
its course of instruction would have been in
conformance with the requirements of this subsection.
(m) Students With a First Baccalaureate or Professional
Degree.--A student shall not be ineligible for assistance under
parts B, C, D, and E of this title because such student has
previously received a baccalaureate or professional degree.
(n) Study Abroad.--Nothing in this Act shall be construed to
limit or otherwise prohibit access to study abroad programs
approved by the home institution at which a student is
enrolled. An otherwise eligible student who is engaged in a
program of study abroad approved for academic credit by the
home institution at which the student is enrolled shall be
eligible to receive grant, loan, or work assistance under this
title, without regard to whether such study abroad program is
required as part of the student's degree program.
(o) Verification of Social Security Number.--[The Secretary
of Education, in cooperation with the Commissioner of the
Social Security Administration, shall verify any social
security number provided by a student to an eligible
institution under subsection (a)(4) and shall enforce the
following conditions] Notwithstanding any other provision of
law, the Secretary of Education, in cooperation with the
Commissioner of the Social Security Administration, shall
verify the social security number and citizenship status of any
individual that is required to be provided to the Secretary for
Federal student aid under sections 483, 484(a), and 494, and
shall enforce the following conditions:
(1) Except as provided in paragraphs (2) and (3), an
institution shall not deny, reduce, delay, or terminate
a student's eligibility for assistance under this part
because social security number verification is pending.
(2) If there is a determination by the Secretary that
the social security number provided to an eligible
institution by a student is incorrect, the institution
shall deny or terminate the student's eligibility for
any grant, loan, or work assistance under this title
until such time as the student provides documented
evidence of a social security number that is determined
by the institution to be correct.
(3) If there is a determination by the Secretary that
the social security number provided to an eligible
institution by a student is incorrect, and a correct
social security number cannot be provided by such
student, and a loan has been guaranteed for such
student under part B of this title, the institution
shall notify and instruct the lender and guaranty
agency making and guaranteeing the loan, respectively,
to cease further disbursements of the loan, but such
guaranty shall not be voided or otherwise nullified
with respect to such disbursements made before the date
that the lender and the guaranty agency receives such
notice.
(4) Nothing in this subsection shall permit the
Secretary to take any compliance, disallowance,
penalty, or other regulatory action against--
(A) any institution of higher education with
respect to any error in a social security
number, unless such error was a result of fraud
on the part of the institution; or
(B) any student with respect to any error in
a social security number, unless such error was
a result of fraud on the part of the student.
(p) Use of Income Data With IRS.--The Secretary, in
cooperation with the Secretary of the Treasury, shall fulfill
the data transfer requirements under section 6103(l)(13) of the
Internal Revenue Code of 1986 and the procedure and
requirements outlined in section 494.
(q) Students With Intellectual Disabilities.--
(1) Definitions.--In this subsection the terms
``comprehensive transition and postsecondary program
for students with intellectual disabilities'' and
``student with an intellectual disability'' have the
meanings given the terms in section 760.
(2) Requirements.--Notwithstanding subsections (a),
(c), and (d), in order to receive any grant or work
assistance under section 401, subpart 3 of part A, or
part C, a student with an intellectual disability
shall--
(A) be enrolled or accepted for enrollment in
a comprehensive transition and postsecondary
program for students with intellectual
disabilities at an institution of higher
education;
(B) be maintaining satisfactory progress in
the program as determined by the institution,
in accordance with standards established by the
institution; and
(C) meet the requirements of paragraphs (3),
(4), (5), and (6) of subsection (a).
(3) Authority.--Notwithstanding any other provision
of law unless such provision is enacted with specific
reference to this section, the Secretary is authorized
to waive any statutory provision applicable to the
student financial assistance programs under section
401, subpart 3 of part A, or part C (other than a
provision of part F related to such a program), or any
institutional eligibility provisions of this title, as
the Secretary determines necessary to ensure that
programs enrolling students with intellectual
disabilities otherwise determined to be eligible under
this subsection may receive such financial assistance.
(4) Regulations.--Notwithstanding regulations
applicable to grant or work assistance awards made
under section 401, subpart 3 of part A, and part C
(other than a regulation under part F related to such
an award), including with respect to eligible programs,
instructional time, credit status, and enrollment
status as described in section 481, the Secretary shall
promulgate regulations allowing programs enrolling
students with intellectual disabilities otherwise
determined to be eligible under this subsection to
receive such awards.
(r) Data Analysis on Access to Federal Student Aid For
Certain Populations.--
(1) Development of the system.--Within one year of
enactment of the Higher Education Opportunity Act, the
Secretary shall analyze data from the FAFSA containing
information regarding the number, characteristics, and
circumstances of students denied Federal student aid
based on a drug conviction while receiving Federal aid.
(2) Results from analysis.--The results from the
analysis of such information shall be made available on
a continuous basis via the Department website and the
Digest of Education Statistics.
(3) Data updating.--The data analyzed under this
subsection shall be updated at the beginning of each
award year and at least one additional time during such
award year.
(4) Report to congress.--The Secretary shall prepare
and submit to the authorizing committees, in each
fiscal year, a report describing the results obtained
by the establishment and operation of the data system
authorized by this subsection.
(s) Exception to Required Registration With the Selective
Service System.--Notwithstanding section 12(f) of the Military
Selective Service Act (50 U.S.C. 3811(f)), an individual shall
not be ineligible for assistance or a benefit provided under
this title if the individual is required under section 3 of
such Act (50 U.S.C. 3802) to present himself for and submit to
registration under such section and fails to do so in
accordance with any proclamation issued under such section, or
in accordance with any rule or regulation issued under such
section.
(t) Confined or Incarcerated Individuals.--
(1) Definitions.--In this subsection:
(A) Confined or incarcerated individual.--The
term ``confined or incarcerated individual''--
(i) means an individual who is
serving a criminal sentence in a
Federal, State, or local penal
institution, prison, jail, reformatory,
work farm, or other similar
correctional institution; and
(ii) does not include an individual
who is in a halfway house or home
detention or is sentenced to serve only
weekends.
(B) Prison education program.--The term
``prison education program'' means an education
or training program that--
(i) is an eligible program under this
title offered by an institution of
higher education (as defined in section
101 or 102(a)(1)(B));
(ii) is offered by an institution
that has been approved to operate in a
correctional facility by the
appropriate State department of
corrections or other entity that is
responsible for overseeing correctional
facilities, or by the Bureau of
Prisons;
(iii) has been determined by the
appropriate State department of
corrections or other entity that is
responsible for overseeing correctional
facilities, or by the Bureau of
Prisons, to be operating in the best
interest of students, the determination
of which shall be made by the State
department of corrections or other
entity or by the Bureau of Prisons,
respectively, and may be based on--
(I) rates of confined or
incarcerated individuals
continuing their education
post-release;
(II) job placement rates for
such individuals;
(III) earnings for such
individuals;
(IV) rates of recidivism for
such individuals;
(V) the experience,
credentials, and rates of
turnover or departure of
instructors;
(VI) the transferability of
credits for courses available
to confined or incarcerated
individuals and the
applicability of such credits
toward related degree or
certificate programs; or
(VII) offering relevant
academic and career advising
services to participating
confined or incarcerated
individuals while they are
confined or incarcerated, in
advance of reentry, and upon
release;
(iv) offers transferability of
credits to at least 1 institution of
higher education (as defined in section
101 or 102(a)(1)(B)) in the State in
which the correctional facility is
located, or, in the case of a Federal
correctional facility, in the State in
which most of the individuals confined
or incarcerated in such facility will
reside upon release;
(v) is offered by an institution that
has not been subject, during the 5
years preceding the date of the
determination, to--
(I) any suspension, emergency
action, or termination of
programs under this title;
(II) any adverse action by
the institution's accrediting
agency or association; or
(III) any action by the State
to revoke a license or other
authority to operate;
(vi) satisfies any applicable
educational requirements for
professional licensure or
certification, including licensure or
certification examinations needed to
practice or find employment in the
sectors or occupations for which the
program prepares the individual, in the
State in which the correctional
facility is located or, in the case of
a Federal correctional facility, in the
State in which most of the individuals
confined or incarcerated in such
facility will reside upon release; and
(vii) does not offer education that
is designed to lead to licensure or
employment for a specific job or
occupation in the State if such job or
occupation typically involves
prohibitions on the licensure or
employment of formerly incarcerated
individuals in the State in which the
correctional facility is located, or,
in the case of a Federal correctional
facility, in the State in which most of
the individuals confined or
incarcerated in such facility will
reside upon release.
(2) Technical assistance.--The Secretary, in
collaboration with the Attorney General, shall provide
technical assistance and guidance to the Bureau of
Prisons, State departments of corrections, and other
entities that are responsible for overseeing
correctional facilities in making determinations under
paragraph (1)(B)(iii).
(3) Federal pell grant eligibility.--Notwithstanding
subsection (a), in order for a confined or incarcerated
individual who otherwise meets the eligibility
requirements of this title to be eligible to receive a
Federal Pell Grant under section 401, the individual
shall be enrolled or accepted for enrollment in a
prison education program.
(4) Evaluation.--
(A) In general.--Not later than 1 year after
the date of enactment of the FAFSA
Simplification Act, in order to evaluate and
improve the impact of activities supported
under this subsection, the Secretary, in
partnership with the Director of the Institute
of Education Sciences, shall award 1 or more
grants or contracts to, or enter into
cooperative agreements with, experienced public
and private institutions and organizations to
enable the institutions and organizations to
conduct an external evaluation that shall--
(i) assess the ability of confined or
incarcerated individuals to access and
complete the Free Application for
Federal Student Aid;
(ii) examine in-custody outcomes and
post-release outcomes related to
providing Federal Pell Grants to
confined or incarcerated individuals,
including--
(I) attainment of a
postsecondary degree or
credential;
(II) safety in penal
institutions with prison
education programs;
(III) the size of waiting
lists for prison education
programs;
(IV) the extent to which such
individuals continue their
education post-release;
(V) employment and earnings
outcomes for such individuals;
and
(VI) rates of recidivism for
such individuals;
(iii) track individuals who received
Federal Pell Grants under subpart 1 of
part A at 1, 3, and 5 years after the
individuals' release from confinement
or incarceration; and
(iv) examine the extent to which
institutions provide re-entry or
relevant career services to
participating confined or incarcerated
individuals as part of the prison
education program and the efficacy of
such services, if offered.
(B) Report.--Beginning not later than 1 year
after the Secretary awards the grant, contract,
or cooperative agreement described in
subparagraph (A) and annually thereafter, each
institution of higher education operating a
prison education program under this subsection
shall submit a report to the Secretary on
activities assisted and students served under
this subsection, which shall include the
information, as applicable, contained in
clauses (i) through (iv) of subparagraph (A).
(5) Report.--Not later than 1 year after the date of
enactment of the FAFSA Simplification Act and on at
least an annual basis thereafter, the Secretary shall
submit to the authorizing committees, and make publicly
available on the website of the Department, a report on
the--
(A) impact of this subsection which shall
include, at a minimum--
(i) the names and types of
institutions of higher education
offering prison education programs at
which confined or incarcerated
individuals are enrolled and receiving
Federal Pell Grants;
(ii) the number of confined or
incarcerated individuals receiving
Federal Pell Grants through each prison
education program;
(iii) the amount of Federal Pell
Grant expenditures for each prison
education program;
(iv) the average amount of Federal
Pell Grant expenditures per full-time
equivalent students in a prison
education program compared to the
average amount of Federal Pell Grant
expenditures per full-time equivalent
students not in prison education
programs;
(v) the demographics of confined or
incarcerated individuals receiving
Federal Pell Grants;
(vi) the cost of attendance for such
individuals;
(vii) the mode of instruction (such
as distance education, in-person
instruction, or a combination of such
modes) for each prison education
program;
(viii) information on the academic
outcomes of such individuals (such as
credits attempted and earned, and
credential and degree completion) and
any information available from student
satisfaction surveys conducted by the
applicable institution or correctional
facility;
(ix) information on post-release
outcomes of such individuals,
including, to the extent practicable,
continued postsecondary enrollment,
earnings, credit transfer, and job
placement;
(x) rates of recidivism for confined
or incarcerated individuals receiving
Federal Pell Grants;
(xi) information on transfers of
confined or incarcerated individuals
between prison education programs;
(xii) the most common programs and
courses offered in prison education
programs; and
(xiii) rates of instructor turnover
or departure for courses offered in
prison education programs;
(B) results of each prison education program
at each institution of higher education,
including the information described in clauses
(ii) through (xiii) of subparagraph (A); and
(C) findings regarding best practices with
respect to prison education programs.
* * * * * * *
MINORITY VIEWS
INTRODUCTION
H.R. 7893, the FAFSA Verification Efficiency Act, amends
the Higher Education Act of 1965 (HEA) to require the
Department of Education (Department) to collect and verify the
Social Security Numbers (SSNs) and citizenship status of
individuals involved in the federal student aid process. While
this bill would address statutory gaps in the Department's
ability to disburse federal student aid to students in a timely
manner, it goes further than needed by unnecessarily verifying
students' family members' citizenship status, therefore
expanding the Trump Administration's ability to surveille
students and families.
FAFSA REFORMS UNDER THE FUTURE ACT
In 2019, Congress passed the Fostering Undergraduate Talent
by Unlocking Resources for Education (FUTURE) Act.\1\ The
FUTURE Act streamlined the Free Application for Federal Student
Aid (FAFSA) and student loan repayment by allowing the Internal
Revenue Service (IRS) to share students' and borrowers' tax
information with the Department to help determine student aid
eligibility and loan repayment amounts.\2\ The FUTURE Act
requires all students and their contributors to the FAFSA form
(i.e., parent(s), parent's spouse, and student's spouse) to
consent to having their tax information requested directly from
the IRS and populated into the FAFSA form. While individuals
may choose to opt out of this process, known as the IRS FUTURE
Act Direct Data Exchange (FA-DDX), those who consent can
typically expect a decreased time to complete the FAFSA, since
they do not have to input any tax information.
---------------------------------------------------------------------------
\1\Pub. L. No. 116-91, 133 Stat. 1189, (2020).
\2\Id.
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To execute this direct data exchange, the Department must
follow strong identity proofing and authentication processes
consistent with guidance found in the IRS' Tax Information
Security Guidelines.\3\ Part of this authentication process
includes individuals providing a Social Security Number (SSN)
on the FAFSA for the Social Security Administration (SSA) to
verify an individual's SSN. This is required prior to
disbursing federal student aid. However, under current statute,
the Department only has the authority to collect and verify
SSNs for students\4\ and their parents.\5\ To comply with the
FUTURE Act and improve the process for students, the Department
needs clear statutory authority to collect SSNs of all
individuals contributing to a student's FAFSA. Currently,
contributors who are the student's spouses or stepparents
cannot have their SSN verified by the SAA and therefore cannot
be processed through the FA-DDX, increasing the time it takes
to complete the FAFSA.
---------------------------------------------------------------------------
\3\Pub. 1075, Tax Information Security Guidelines for Federal,
State, and Local Agencies, I.R.S. (last accessed Apr. 21, 2026),
https://www.irs.gov/pub/irs-pdf/p1075.pdf.
\4\20 U.S.C. Sec. 1091(o).
\5\20 U.S.C. Sec. 1078-2(f).
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CITIZENSHIP VERIFICATION FOR FEDERAL STUDENT AID
Only citizens, permanent residents, or those able to
provide evidence that they are in the U.S. with the intent of
becoming a citizen or permanent resident are eligible to
receive federal student aid under Title IV of the HEA.\6\ The
Department must verify a student's citizenship status before
they receive any grant, loan, or work assistance under Title IV
of the HEA, and does so through data matching agreements with
the SSA and Department of Homeland Security (DHS).\7\ The
Department has the authority to verify student and borrower
citizenship with the SSA via the FUTURE Act and with DHS
through a Computer Matching Agreement (CMA).\8\ This CMA also
clarifies that DHS is allowed to use the Department's
citizenship data ``for necessary law enforcement investigations
or prosecutions by ED and DHS, as appropriate, if the data
match uncovers activity that warrants such action (e.g., the
use of fraudulent immigration documents).''\9\ The Department
has not presented the Committee any evidence that it needs
additional clarity around its authority to collect and verify
citizenship status of any person applying for student aid.
---------------------------------------------------------------------------
\6\20 U.S.C. Sec. 1091(a)(5).
\7\20 U.S.C. Sec. 1091(g).
\8\U.S. Dep't of Educ., Matching Agreement Between the Department
of Homeland Security-United States Citizenship and Immigration Services
(DHS-USCIS) and the United States Department of Education (ED), https:/
/www.ed.gov/media/document/dhs-cmapdf-91155.pdf.
\9\Id. at 9.
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H.R. 7893 WOULD FIX THE DEPARTMENT'S DATA MATCHING AUTHORITY
H.R. 7893 amends Section 484(o) of the HEA to require the
Department, in cooperation with the SSA, to verify the SSN of
anyone ``that is required to be provided to the Secretary for
Federal student aid under sections 483, 484(a), and 494 . .
.''\10\ This would ensure that the Department is able to verify
the SSNs of every contributor, including spouses and parents,
which fixes the current gap in statute, and thus speeds up the
FAFSA application process for students and contributors through
the IRS FA-DDX. While H.R. 7893 would improve the FAFSA process
for dependent or married students and their contributors (i.e.,
the spouse or parents), it doesn't expand federal student aid
access for these students, it merely speeds up the process by
which they receive aid.
---------------------------------------------------------------------------
\10\H.R. 7893, 119th Cong. (2026).
---------------------------------------------------------------------------
Committee Democrats are committed to ensuring the FAFSA
process is smooth for students and families and generally do
not have concerns with fixing the SSN verification process for
individuals as they complete the FAFSA. However, as detailed
below, Committee Democrats have substantial concerns with the
inclusion of unnecessarily broad citizenship collection and
verification. Ranking Member Scott offered a Democratic
Amendment in the Nature of a Substitute (ANS) that would
narrowly fix the issue of verifying SSNs without expanding
citizenship collection, which was voted down along party lines.
If H.R. 7893 only amended the HEA to narrowly fix the
Department's authority to collect and verify SSNs, the
legislation may have received some support by Committee
Democrats.
H.R. 7893 EXPANDS SURVEILLANCE OF FAMILIES WITH MIXED IMMIGRATION
STATUSES
H.R. 7893 moves drastically beyond fixing the issue of SSN
verification by mandating the Department to collect and verify
the citizenship status of anyone ``that is required to be
provided to the Secretary for Federal student aid under
sections 483, 484(a), and 494 . . .''\11\ In doing so, the bill
would open the doors to very concerning federal data collection
on citizenship status that outweighs any potential FAFSA
improvements.
---------------------------------------------------------------------------
\11\Id.
---------------------------------------------------------------------------
Students from families with mixed immigration status are
already experiencing a chilling effect when applying for
student aid ``amid the Trump administration's mass deportation
campaign.''\12\ H.R. 7893 would exacerbate these fears with
concerns that this new citizenship verification will be used by
the Trump Administration for further unlawful immigration
enforcement. The bill alarmingly allows the Department to
collect and verify the citizenship status of any FAFSA
contributor, regardless of whether that individual is applying
for federal student aid. However, the Department has no
legitimate need to collect and verify citizenship status for
anyone except students applying for federal student aid and
parents applying for Parent PLUS loans. Ranking Member Scott
offered an amendment to prohibit the use of FAFSA data for
immigration enforcement and to prohibit the collection of
citizenship status for any purpose other than federal student
aid eligibility. The amendment was voted down along party lines
and dismissed as unnecessary by Committee Republicans. Without
narrowing the language, H.R. 7893 would put many mixed-status
families at risk and deter students from accessing higher
education.
---------------------------------------------------------------------------
\12\Johanna Alonso, Trump's Deportation Campaign Raises FAFSA
Privacy Concerns, Advocates Say, Inside Higher Ed (Oct. 31, 2025),
https://www.insidehighered.com/news/students/
diversity/2025/10/31/trumps-deportation-campaign-raises-fafsa-privacy-
concerns.
---------------------------------------------------------------------------
Committee Democrats have strong concerns that the authority
given to the Department in H.R. 7893 will be used by the Trump
Administration in its continuing efforts to target law-abiding
individuals for immigration enforcement. Prevalent\13\ and
unpopular\14\ immigration enforcement across the country
suggests the Trump Administration might weaponize citizenship
data on students' parents and spouses consistent with their
other efforts. Regardless of immigration status, the increased
immigration enforcement across the country is negatively
impacting many students, staff, and faculty and has perpetuated
punitive policies across higher education.\15\ For example,
while some state legislatures are choosing to limit accessible
and affordable higher education for undocumented students,\16\
the Trump Administration has chosen to investigate other states
for providing these students financial aid.\17\ Meanwhile,
colleges are seeing a drastic drop in international students
due to visa challenges and fears of deportation.\18\ Congress
must not further exacerbate these harms to students and
colleges through legislation.
---------------------------------------------------------------------------
\13\Graeme Blair & David Hausman, One Year of Immigration
Enforcement Under the Second Trump Administration, Deportation Data
Proj. (Apr. 7, 2026), https://deportationdata.org/
analysis/immigration-enforcement-first-year.html.
\14\Matt Loffman, Poll: Nearly two-thirds of Americans say ICE has
gone too far in immigration crackdown, PBS (Feb. 5, 2026), https://
www.pbs.org/newshour/politics/poll-nearly-two-thirds-of-americans-say-
ice-has-gone-too-far-in-immigration-crackdown.
\15\See e.g., Wil Del Pilar, The Politics of Exclusion: How Trump's
Immigration Policies Affect College Access, (Feb. 17, 2025), https://
edtrust.org/blog/how-trumps-immigration-policies-affect-college-access/
and Josh Moody, DHS Targeted Students for Protected Speech, Inside
Higher Ed (Jan. 26, 2026), https://www.pbs.org/newshour/politics/poll-
nearly-two-thirds-of-americans-say-ice-has-gone-too-far-in-immigration-
crackdown.
\16\See, e.g., Micaela McConnell & Steven Hubbard, The Fight Over
In-State Tuition for Undocumented Students, Amer. Immigration Council
(Sep. 19, 2025), https://www.americanimmigrationcouncil.org/blog/fight-
over-in-state-tuition-undocumented-students/.
\17\Naaz Modan, DOJ targets college access for undocumented
students in 6th lawsuit, K-12 Dive (Nov. 21, 2025), https://
www.k12dive.com/news/doj-sued-6-states-undocumented-students-
scholarships-tuition-california/806235/.
\18\From June to August 2025, the number of student visas issued
declined by more than 100,000 from the previous summer. Johanna Alonso
& Katherine Knott, New Student Visas Dropped 35.6% Last Summer, Inside
Higher Ed (Mar. 10, 2026), https://www.insidehighered.com/news/global/
international-students-us/2026/03/10/new-student-visas-dropped-356-
last-summer; Annie Ma et al., Visa cancellations and deportations sow
panic for international students, PBS (Apr. 16, 2025), https://
www.pbs.org/newshour/politics/visa-
cancellations-and-deportations-sow-panic-for-international-students.
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Beyond higher education, the Trump Administration has
encroached on protected data to support their immigration
enforcement agenda. For example, in 2025, the Trump
Administration pushed the Internal Revenue Service to illegally
share private taxpayer data with the Department of Homeland
Security (DHS).\19\ The Trump Administration has also ``sought
to use personal data from other agencies to assist in its
deportation efforts, including requesting state voter rolls,
public housing data . . . and records of who applied for the
Supplemental Nutrition Assistance Program.''\20\ Committee
Democrats have significant apprehension in trusting the Trump
Administration to not misuse citizenship data on federal
student aid account users at a time when violent immigration
enforcement is rampant across the country, including in
educational spaces. This bill has the potential to exacerbate
the chilling effect of the Trump Administration's immigration
enforcement efforts and authoritarian attempts to weaponize
data.
---------------------------------------------------------------------------
\19\Press Release, Democracy Forward, IRS Admits It Illegally
Shared Taxpayer Data with ICE, Bringing New Urgency in Ongoing Case to
Protect American's Sensitive Information (Feb. 13, 202.6), https://
democracyforward.org/news/press-releases/irs-admits-it-illegally-
shared-taxpayer-data-with-ice-bringing-new-urgency-in-ongoing-case-to-
protect-americans-sensitive-
information/.
\20\Alonso, supra note 12.
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DEMOCRATIC AMENDMENTS OFFERED DURING MARKUP OF H.R. 7893
Committee Democrats put forward two amendments to improve
the bill and protect individuals' citizenship status. These
amendments would have enabled the Department to fully implement
the FA-DDX while ensuring that the Trump Administration could
not weaponize the HEA to hurt students and separate families.
Committee Republicans rejected both Democratic amendments that
were considered.
----------------------------------------------------------------------------------------------------------------
Amendment Offered By Description Action Taken
----------------------------------------------------------------------------------------------------------------
#1................................... Mr. Scott.............. Democratic Substitute Defeated
to the Amendment in
the Nature of a
Substitute.
#2................................... Mr. Scott.............. Prohibits collection of Defeated
unnecessary
citizenship data and
prevents the use of
FAFSA data for
immigration
enforcement.
----------------------------------------------------------------------------------------------------------------
CONCLUSION
Committee Democrats are committed to ensuring all students
have access to federal student aid through a well-functioning
FAFSA process. That access should never come at the expense of
the safety and well-being of mixed-status families and
noncitizens currently being attacked by the Trump
Administration. For the reasons stated above, Committee
Democrats unanimously opposed H.R. 7893 when the Committee on
Education and Workforce considered it on March 17, 2026. We
urge the House of Representatives to do the same unless the
legislation is amended to narrowly focus on verifying the SSNs
of students and their contributors.
Robert C. ``Bobby'' Scott,
Ranking Member.
Frederica S. Wilson,
Suzanne Bonamici,
Mark Takano,
Mark DeSaulnier,
Jahana Hayes,
Summer L. Lee,
Adelita Grijalva,
Members of Congress.
[all]