Sponsor
Thomas Bryant Cotton
Senator · R-AR
Senator · R-AR
Bars non‑lawfully present individuals from State/local postsecondary benefits (including in‑State tuition), requires DHS SAVE verification, and conditions HEA grants on compliance.
Official title: Prevent any alien who is not lawfully admitted for permanent residence from obtaining in-State tuition rates at public institutions of higher education, and for other purposes.
Introduced December 16, 2025 by Thomas Bryant Cotton · Last progress December 16, 2025
The bill would reduce state and taxpayer spending and create a single federal verification standard for in‑state tuition, but it does so by removing in‑state benefits for non‑LPR students, increasing verification burdens and risks of wrongful denial, and constraining state policy flexibility.
U.S. taxpayers and state budgets would save money because non‑lawful‑permanent‑resident (non‑LPR) students would no longer receive in‑state tuition subsidies, reducing annual state spending.
States, public colleges, and universities would have a clearer federal standard (including use of the SAVE verification system) to determine residency eligibility, reducing legal uncertainty and administrative ambiguity about who qualifies for in‑state tuition.
U.S. citizens and lawful permanent residents would be prioritized for in‑state tuition, which could lower college costs for those eligible students and their families.
Students who are not lawfully admitted for permanent residence would lose access to in‑state tuition rates and some state financial aid, immediately raising college costs for those students.
Reliance on DHS's SAVE system and new verification rules creates a risk that students will be misclassified, wrongly denied in‑state rates or aid, forced to repay subsidized amounts with interest, or suspended—causing sudden debt and interruption of studies.
States would lose flexibility to set residency‑based tuition policy, reducing state autonomy over higher‑education planning and policy choices.
Based on analysis of 4 sections of legislative text.
Bars non‑lawful permanent residents from receiving any State or local postsecondary education benefit (including in‑State tuition) and requires public colleges and universities to verify immigration status through DHS systems before granting such benefits. States that continue to provide prohibited benefits would face loss of certain federal Higher Education Act (HEA) grant eligibility, and institutions must seek reimbursement for benefits mistakenly provided; the rule applies to new and continuing students and takes effect for academic years beginning July 1, 2026.