Summary of H.R.

3566
September 2015

H.R. 3566, introduced by Congressman Paul Gosar (R-AZ), is a bill that would prevent
illegal aliens from receiving in-state tuition benefits at public colleges and universities.
The companion bill in the Senate (S. 60) was introduced by Senator David Vitter (R-LA).
I. General Prohibition of Preferential Treatment for Illegal Aliens
The bill amends Section 505(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1623) (IIRIRA) to mandate that any alien not in a lawful immigration
status is not eligible for any postsecondary education benefit unless every citizen and
national of the United States is eligible for that benefit in the same amount. This means that
colleges and universities would not be able to offer tuition to any illegal aliens at rates lower
than the rates they charge out-of-state American citizens.
Why This Subsection Is Necessary
Congress intended IIRIRA Section 505 to prevent illegal aliens from benefitting from taxpayer
subsidized in-state tuition rates at public colleges and universities if those rates were not
available to out-of-state American citizens. Generally, before IIRIRA, states would base
eligibility for in-state tuition on residence within a state for a certain period of time before the
student matriculated. Since illegal aliens are residents of the state they live in, Congress
thought it could deny them in-state tuition by targeting the residency requirement.
However, as enacted, Section 505 created a loophole that some states have exploited to grant
in-state tuition to illegal aliens while still forcing out-of-state citizens to pay full tuition. Because
the language is so narrow, a number of states started offering subsidized tuition benefits either
on the basis of residence or on the basis of having attended high school within the state. This
allowed illegal aliens who attended high school in a state to be eligible for discounted tuition
because their eligibility was based on high school attendance and not residence.
H.R. 3566 fixes the loophole by instead prohibiting in-state tuition rates to aliens who are not in
a lawful immigration status unless every citizen and national of the United States is eligible to

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receive such a benefit. By focusing the prohibition based on an individuals immigration status
rather than admission criteria, this bill prevents states from being able to create new loopholes.
II. Enforcement through Civil Action
New Section 505(b) establishes an enforcement mechanism for citizens enrolled at a school
that is violating this law. First, citizen-students may file a federal lawsuit to stop the school from
continuing to violate the law. Further, the bill provides that plaintiffs who prevail by a
preponderance of the evidence are entitled to an award of money damages equal to the
amount of reduced tuition given to the illegal alien compared to the higher out-of-state rate.
Finally, this subsection awards successful plaintiffs attorney fees and court costs.
Why This Subsection is Necessary
In the years since IIRIRA Section 505 was passed, a number of schools have violated the spirit
of the law to grant in-state tuition to illegal aliens. Generally, citizens face serious difficulties
successfully changing these policies in court because litigation is expensive and many plaintiffs
are unable to establish the legal requirement of standing. This bill fixes both of these
problems. First, it establishes a basis for at least some plaintiffs to satisfy the standing
requirement. Additionally, successful plaintiffs are awarded attorney fees and court costs which
means the state (or university) violating the law has to pay those expenses.
Comparison to Senate Companion Bill, S. 60
The companion bill introduced in the Senate (S. 60) has only one difference, though it is an
important distinction. S. 60 prohibits aliens who are not lawfully present from receiving instate tuition benefits while H.R. 3566s prohibits aliens who are not in a lawful immigration
status. The Senate bill reflects the language of IIRIRA Section 505, as passed: an alien who is
not lawfully present shall not be eligible for in-state tuition. However, the change from lawful
presence to lawful status is necessary because of President Obamas Deferred Action for
Childhood Arrivals (DACA) amnesty program. According to the President, DACA recipients are
lawfully present but lack lawful status because DACA is temporary. Therefore, S. 60 would
actually allow DACA recipients to benefit from in-state tuition rates even though they are illegal
aliens. H.R. 3566, on the other hand, would deny the benefit to all illegal aliens.

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