[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7825 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7825
To amend title IV of the Higher Education Act of 1965 to prohibit the
provision of funds under such title to institutions of higher education
that violate the immigration laws, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
May 18, 2022
Mr. Murphy of North Carolina (for himself, Mr. Brooks, Mr. Grothman,
and Mr. Biggs) introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend title IV of the Higher Education Act of 1965 to prohibit the
provision of funds under such title to institutions of higher education
that violate the immigration laws, 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 ``No Funding for Sanctuary Campuses
Act''.
SEC. 2. TREATMENT OF SANCTUARY CAMPUSES.
(a) In General.--Part G of title IV of the Higher Education Act of
1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the
following:
``SEC. 493E. TREATMENT OF SANCTUARY CAMPUSES.
``(a) Definition.--
``(1) In general.--For purposes of this section, the term
`sanctuary campus' means any institution of higher education
(as defined in section 102) that--
``(A) has in effect an ordinance, policy, or
practice that prohibits or restricts any institutional
entity, official, or personnel from--
``(i) sending, receiving, maintaining, or
exchanging with any Federal, State, or local
government entity information regarding the
citizenship or immigration status (lawful or
unlawful) of any individual;
``(ii) complying with a request lawfully
made by the Secretary of Homeland Security
under section 236 or 287 of the Immigration and
Nationality Act (8 U.S.C. 1226 or 1357) to
comply with a detainer for, or notify about the
release of, an individual; or
``(iii) otherwise complying with section
642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C.
1373);
``(B) brings in, or harbors, an alien in violation
of section 274(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)(A));
``(C) renders an alien who lacks a lawful
immigration status in the United States eligible for
any postsecondary education benefit provided on the
basis of residence within a State (or a political
subdivision of a State) to the same extent as a citizen
or national of the United States is eligible for such
benefit; or
``(D) has in effect a policy or practice that
either prohibits, or in effect prevents, the Secretary
of Homeland Security from gaining access to campuses or
access to students (who are 17 years of age or older)
on campuses, for purposes of Department of Homeland
Security recruiting in a manner that is at least equal
in quality and scope to the access to campuses and to
students that is provided to any other employer.
``(2) Exceptions.--An institution of higher education shall
not be considered a sanctuary campus for purposes of this
section based solely on the institution having a policy under
which its officials, with respect to an individual who comes
forward as a victim or a witness to a criminal offense, will
not--
``(A) send, receive, maintain, or exchange with any
Federal, State, or local government entity information
regarding the citizenship or immigration status (lawful
or unlawful) of the individual; or
``(B) comply with a request made by the Secretary
of Homeland Security under section 236 or 287 of the
Immigration and Nationality Act (8 U.S.C. 1226 or 1357)
to comply with a detainer for, or notify about the
release of, the individual.
``(b) Determination by Secretary of Homeland Security.--Whenever
the Secretary of Homeland Security makes a determination that an
institution of higher education is a sanctuary campus, the Secretary--
``(1) shall transmit a notice of the determination to the
Secretary of Education; and
``(2) shall publish in the Federal Register a notice of the
determination and the effect of the determination on the
eligibility of the institution for funding under this title.
``(c) Effect of Determination.--An institution determined under
subsection (b) to be a sanctuary campus is ineligible to receive funds
under this title.
``(d) Sense of Congress.--It is the sense of the Congress that
providing the public benefit of in-State tuition to an alien who lacks
lawful immigration status in the United States creates an incentive for
illegal immigration and encourages and induces aliens to come to,
enter, or reside in the United States, as described in section
274(a)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)(A)(iv)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 90 days after the date of the enactment
of this Act.
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