,,ii #aaith ,,congress #ast ,session ,s4 #cejg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #af1 #bjbe,mr4 ,cotton introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prevent any alien who is not lawfully admitted for permanent residence from obtaining in-,state tuition rates at public institutions of higher education1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,put ,american ,students ,first ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc7 already prohibits ,states from granting in-,state rates for tuition and fees to aliens who are not lawfully present in the ,united ,states on the basis of residence within the ,state1 unless the same rates are offered to all citizens of the ,united ,states regardless of residence4 7#b7 ,despite this prohibition1 as of #bjbe1 #bb ,states and the ,district of ,columbia continue to provide in-,state rates for tuition and fees to such aliens through policies that circumvent ,federal law1 subsidizing their postsecondary education at a cost to taxpayers of the ,united ,states estimated at more than #a1jjj1jjj1jjj annually4 7#c7 ,providing such subsidies creates a perverse incentive for illegal immigration1 rewarding unlawful presence with benefits unavailable to citizens and legal residents of the ,united ,states who do not live within such ,state1 and undermines the rule of law4 7#d7 ,students of the ,united ,states in higher education1 including students from modest-income families in neighboring ,states1 are effectively penalized by ,states that provide such subsidies because the students pay higher out-of-,state rates for tuition and fees while aliens not lawfully admitted for permanent residence receive taxpayer-subsidized discounts4 7#e7 ,enforcing this ,federal prohibition nationwide is essential to restoring fairness1 deterring illegal immigration1 and prioritizing postsecondary education benefits for citizens and lawful permanent residents of the ,united ,states4 #c4 ,prohibition on in-,state tuition rates for aliens not lawfully admitted for permanent residence 7a7 ,in general ,section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc7 is amended to read as follows3 #eje4 ,ineligibility for in-,state tuition and fees for aliens not lawfully admitted for permanent residence 7a7 ,definitions ,in this section3 7#a7 ,in-,state tuition rate ,the term in-,state tuition rate means the rate of tuition and fees for attendance at a public institution of higher education of a ,state or political subdivision of a ,state that is charged for a resident of the ,state4 7#b7 ,lawfully admitted for permanent residence ,the term lawfully admitted for permanent residence has the meaning given such term in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj774 7#c7 ,out-of-,state tuition rate ,the term out-of-,state tuition rate mans the rate of tuition and fees for attendance at a public institution of higher education of a ,state or political subdivision of a ,state that is charged for a non-resident of the ,state4 7#d7 ,postsecondary education benefit ,the term postsecondary education benefit means any tuition reduction1 fee waiver1 scholarship1 grant1 or other financial assistance provided by a ,state or political subdivision of a ,state for attendance at a public institution of higher education1 including an in-,state resident tuition rate4 7#e7 ,state ,the term ,state means the several ,states of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,guam1 the ,virgin ,islands of the ,united ,states1 and the ,commonwealth of the ,northern ,mariana ,islands4 7b7 ,ineligibility ,notwithstanding any other provision of law-- 7#a7 an alien who is not lawfully admitted for permanent residence shall not be eligible for any postsecondary education benefit1 including an in-,state tuition rate1 offered by a ,state or political subdivision of a ,state2 and 7#b7 a ,state shall ensure that each public institution of higher education of the ,state or a political subdivision of a ,state charges an alien who is not lawfully admitted for permanent residence the out-of-,state tuition rate4 7c7 ,verification of immigration status 7#a7 ,in general ,beginning on the date of enactment of the ,put ,american ,students ,first ,act1 each public institution of higher education shall verify the immigration status of each student enrolled in the institution through the ,systematic ,alien ,verification for ,entitlements 7,,save7 program operated by the ,department of ,homeland ,security1 or a successor program1 prior to granting any postsecondary education benefit to the student4 7#b7 ,frequency ,the verification required under paragraph 7#a7 shall be conducted annually for each enrolled student receiving a postsecondary education benefit4 7#c7 ,reimbursement ,any public institution of higher education that has provided an in-,state tuition rate or fee to an alien in violation of this section-- 7,a7 shall seek reimbursement from such alien for the difference between the in-,state tuition rate and the out-of-,state tuition rate for each term of enrollment1 plus interest at the rate applicable to a ,federal ,direct ,unsubsidized ,stafford ,loan under section #dee7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhe7;b77 for such term of enrollment2 and 7,b7 if reimbursement as described in subparagraph 7,a7 is not made within #ij days of the request1 shall not allow the alien to enroll for any future terms in the institution until the reimbursement is completed4 7d7 ,applicability ,this section applies to-- 7#a7 any alien who enrolls in a public institution of higher education on or after the date of enactment of the ,put ,american ,students ,first ,act2 and 7#b7 any alien-- 7,a7 who is a student enrolled in the public institution of higher education who enrolled before such date of enactment2 and 7,b7 whom the institution1 after completing the verification required under subsection 7c7 for an academic year after such date of enactment1 determines is not lawfully admitted for permanent residence4 4 7b7 ,additional enforcement requirements 7#a7 ,violations by ,states ,section #djj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj7 is amended by adding at the end the following3 7c7 ,disqualification of ,states that provide in-,state tuition to illegal aliens ,notwithstanding any other provision of this part1 a ,state that the ,secretary has determined has violated the requirements of section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc7 for a fiscal year shall be ineligible for any grant under chapter #b of subpart #b1 subpart #d1 or subpart #f for the fiscal year immediately following such determination4 4 7#b7 ,institutional requirement for participation in the ,federal student loan program ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,in the case of a public institution1 the institution will comply with the requirements of section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif4 4 7c7 ,effective date ,except as otherwise specified1 the amendments made by this section shall take effect on the date of enactment of this ,act and shall apply to academic years beginning on or after ,july #a1 #bjbf4 #d4 ,severability ,if any provision of this ,act or the amendments made by this ,act1 or the application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provisions of such to any person or circumstance1 shall not be affected thereby4