This bill establishes strict, non-waivable citizenship and residency requirements for participation in federally funded TRIO educational opportunity programs.
Erin Houchin
Representative
IN-9
The Putting American Students First Act amends eligibility requirements for participation in Federal TRIO educational opportunity programs. This bill mandates strict citizenship and residency criteria for all participants, explicitly prohibiting any waivers to these new rules. It ensures that only U.S. nationals, permanent residents, and certain other lawfully present individuals qualify for these federally funded programs.
New Act Requires Strict Citizenship Checks for Federal TRIO Education Programs, Eliminating Waivers
The “Putting American Students First Act” is short, but it makes a significant change to who can access Federal TRIO programs, which are educational opportunity initiatives aimed at helping low-income and first-generation students get into and succeed in college. Essentially, this bill tightens the gate on who can participate, making citizenship and specific residency status mandatory and non-negotiable.
The New Gatekeepers: Citizenship Required
Section 2 of the Act rewrites the eligibility rules for TRIO programs. To qualify, you must now be a U.S. national (citizen or national), a lawful permanent resident (green card holder), a citizen of a Freely Associated State (like Palau or Micronesia), or have specific CNMI Resident status. It also includes certain aliens who are physically present in the U.S. and can prove to the Department of Homeland Security that they intend to become a permanent resident. This isn't just a suggestion; the bill makes these requirements explicit and rigid, updating the Higher Education Act of 1965 to reflect these new rules.
The Fine Print That Matters: No Exceptions
The biggest practical shift here is the removal of administrative flexibility. The bill explicitly states that these citizenship and residency requirements cannot be waived, regardless of what other laws—including appropriations acts or performance pilots—might say. Previously, program administrators might have had some discretion to include individuals with unique or complex immigration statuses, or those who were otherwise clearly committed to long-term residency but didn't fit a neat box. Now, that discretion is gone.
Who Feels This Change?
For most U.S. citizens and green card holders who use TRIO programs like Upward Bound or Student Support Services, nothing changes. However, this bill directly impacts those who are living and working in the U.S. but are not yet permanent residents. Consider, for example, a high-achieving student whose family has been in the country for years while navigating a lengthy asylum or visa process; if they don't meet the specific intent-to-reside criteria, they could be blocked from accessing vital academic support services that could determine their college future. Similarly, program administrators—the people on the ground trying to help students—lose the ability to make judgment calls for deserving individuals who fall just outside the strict new lines, potentially leaving vulnerable students without resources.
In short, the Act ensures that federal dollars for these educational support services are strictly limited to specific resident and citizen groups. While this provides clarity, it also means that the door to educational opportunity is now firmly closed to aspiring permanent residents and others who might have previously benefited from the system's ability to make exceptions.