PolicyBrief
H.R. 2490
119th CongressMar 31st 2025
No In-State Tuition for Illegal Immigrants Act
IN COMMITTEE

This bill prohibits states from offering in-state tuition rates to undocumented immigrants or risk losing federal student aid funding the following fiscal year.

Tim Burchett
R

Tim Burchett

Representative

TN-2

LEGISLATION

Proposed Act Threatens Loss of All Federal Student Aid for States Offering In-State Tuition to Undocumented Students

The aptly named “No In-State Tuition for Illegal Immigrants Act” is straightforward, but its potential impact on college students across the country is anything but simple. This bill uses a heavy-handed federal hammer to force states to change how they charge tuition at public colleges.

The Federal Funding Ultimatum

Here’s the deal: If a state decides to charge undocumented students (what the bill calls “aliens not lawfully present”) the same low, in-state tuition rate that U.S. citizen residents pay, that state becomes officially “ineligible.” The penalty for this policy choice is severe: the state loses all Federal financial assistance under Title IV of the Higher Education Act of 1965 for the following fiscal year. We’re talking about massive programs like Pell Grants, Federal Work-Study, and federal student loans—the core aid that keeps college affordable for millions of Americans.

This isn't about cutting off aid just to undocumented students; it’s about pulling the plug on the entire state’s higher education funding system if the state doesn’t comply with the federal mandate on tuition policy. Essentially, the federal government is telling states: either charge undocumented students the higher out-of-state rate, or every student in your state who relies on federal aid will lose it.

Who Gets Hit the Hardest?

If a state were deemed “ineligible,” the fallout would be catastrophic for everyday people. Think about the working parent going back to school part-time using a Pell Grant, or the recent high school graduate from a low-income family whose entire tuition plan hinges on federal loans and grants. If their state lost its Title IV funding, these students wouldn’t just face a bureaucratic delay; they would lose their financial lifeline overnight. This action would disproportionately impact low-income students who rely most heavily on Pell Grants to cover basic costs.

For public colleges and universities, losing Title IV funding means losing billions in revenue that flows through student aid. This could trigger massive tuition hikes for everyone else, program cuts, or even institutional collapse. It’s a coercive measure that forces states to choose between maintaining a specific immigration-related tuition policy and ensuring financial access to higher education for all their residents.

The Takeaway for Busy People

This bill introduces a huge financial risk into the higher education system. It transforms a state-level policy choice (how much to charge undocumented students) into a high-stakes federal decision that affects every single student using federal financial aid in that state. If you or your kids plan on relying on Pell Grants, federal student loans, or work-study programs to pay for college in a state that currently offers in-state tuition to undocumented students, this bill puts that funding directly on the chopping block. It’s a clear example of using essential student aid as leverage to dictate state policy on immigration and education.