Put American Students First Act
Sponsored By: Senator Cotton, Tom [R-AR]
Introduced
Summary
This bill would impose a nationwide ban on in‑State tuition for aliens not lawfully admitted for permanent residence and pair that ban with stricter verification and federal enforcement rules to ensure compliance. It focuses on who can get resident rates, how schools must check status, and penalties for violations.
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- Non‑lawfully present students: Would make them ineligible for any postsecondary education benefit including in‑State rates and require colleges to charge the out‑of‑State rate. If a student previously received an in‑State rate in violation, the institution would seek repayment of the difference plus interest and may bar enrollment after 90 days without payment.
- Public colleges and States: Would force institutions to verify immigration status through the Department of Homeland Security's SAVE system before granting benefits and annually for recipients. States found to violate the rule could lose certain Higher Education Act grants and institutions must comply to remain in the federal student loan program.
- Taxpayers and timing: The bill cites more than $1 billion in annual taxpayer costs tied to State policies that grant in‑State rates to non‑lawful residents. The rules would apply to academic years beginning on or after July 1, 2026.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 1 costs, 0 mixed.
Out-of-state tuition for noncitizen students
This bill would bar any alien who is not lawfully admitted for permanent residence from getting in‑State tuition or other state postsecondary benefits at public colleges and universities. Public institutions would have to verify each student's immigration status through DHS's SAVE system (or a DHS successor) before granting any such benefit and once each year for students receiving a benefit. Schools would have to charge those students the out‑of‑state rate and seek repayment of any past in‑State subsidy equal to the per‑term difference plus interest at the Federal Direct Unsubsidized Stafford loan rate. If a student did not repay within 90 days, the school could stop the student from enrolling until repayment is completed. The rule would apply to students who enroll on or after enactment and to currently enrolled students who are later verified as not lawfully admitted. If the Secretary finds a State violated the prohibition, that State could lose certain Title IV grants for the following fiscal year, and public institutions must comply to keep participating in the federal student loan program. These changes would apply to academic years starting on or after July 1, 2026.
Sponsors & CoSponsors
Sponsor
Cotton, Tom [R-AR]
AR • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov