Sponsors
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Last progress June 11, 2025 (8 months ago)
Introduced on June 11, 2025 by James E. Banks
Amends the Higher Education Act to set clear citizenship and residency rules for who may take part in Federal TRIO programs. It defines six eligibility categories (including U.S. nationals, certain lawful permanent residents and other specified noncitizens, and residents/citizens of the Freely Associated States and the CNMI), prevents certain appropriation- and pilot-based waivers of those rules, and updates related statutory cross-references.
Redesignate existing subsections (f) through (h) of Section 402A as subsections (g) through (i), respectively, changing the subsection lettering in Section 402A of the Higher Education Act.
Insert a new subsection (f) titled 'Citizenship and residency requirements' establishing who is eligible to participate in programs receiving assistance under this chapter.
Eligibility category (A): Eligible persons include a national of the United States as defined in paragraph (22) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
Eligibility category (B): Eligible persons include an alien lawfully admitted for permanent residence as defined in paragraph (20) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
Eligibility category (C): Eligible persons include an alien who is physically present in the United States for other than a temporary purpose and who can provide evidence from the Secretary of Homeland Security of the alien’s intent to become lawfully admitted for permanent residence (references INA paragraph (3) and paragraph (38) definitions).
Who is affected and how:
Students (including low-income and first-generation college students): Primary effect is on who may enroll in TRIO services. Some students who previously qualified under broader or locally applied standards may no longer meet the tightened citizenship/residency rules and could lose access to services like tutoring, counseling, and college-readiness programs.
First-generation college students and low-income individuals: Many TRIO participants fall into these groups; if any members of these groups do not meet the specified citizenship/residency categories, they may be excluded despite economic or educational need.
Noncitizen populations: Certain categories of noncitizens that the amendment explicitly lists remain eligible, while other noncitizens who are not listed may be excluded; this creates a clearer, narrower eligibility boundary tied to immigration-status classifications.
Residents/citizens of the Freely Associated States and CNMI: The bill explicitly recognizes these populations among eligible groups, clarifying their status for TRIO participation.
Institutions of higher education and program grantees: Must change intake, verification, and recordkeeping practices to confirm participants meet the new citizenship/residency categories; grant administration and reporting systems will need updates.
Department of Education and program administrators: Must issue guidance, update regulations or program manuals as needed, and ensure compliance; the prohibition on certain waivers reduces administrative flexibility to address local or emergency circumstances.
Overall effect: narrows and clarifies eligibility based on immigration/citizenship status, increases administrative burden to verify status, and reduces waiver flexibility that previously could allow broader local enrollment choices.
Updated 17 hours ago
Last progress June 11, 2025 (8 months ago)