PolicyBrief
S. 2036
119th CongressJun 11th 2025
Putting American Students First Act
IN COMMITTEE

This bill restricts eligibility for federally funded TRIO programs exclusively to U.S. nationals and specific categories of lawful residents, prohibiting any waivers to these strict citizenship and residency requirements.

Jim Banks
R

Jim Banks

Senator

IN

LEGISLATION

New Act Locks Down TRIO Program Eligibility: Only U.S. Nationals and Permanent Residents Qualify

The “Putting American Students First Act” tackles federal educational support programs, specifically the Federal TRIO programs (like Upward Bound and Talent Search), which help students from disadvantaged backgrounds prepare for and succeed in college. If you’ve ever benefited from these programs or know someone who has, this bill is a major shift in how they operate.

The New Gatekeepers: Who Gets In?

This legislation drastically tightens the eligibility requirements for TRIO programs. Right now, there’s some flexibility, but this bill locks it down. Under Section 2, if you want federal help from TRIO, you must be a U.S. national, a lawful permanent resident (green card holder), or a citizen of one of the Freely Associated States (like Palau or the Marshall Islands).

They also include a specific, narrow category: an alien who is physically present in the U.S. permanently and can show the Department of Homeland Security they intend to become a permanent resident. That ‘show intent’ part is where things could get complicated for an applicant trying to prove their case.

The Waiver Window Slams Shut

Here’s the most impactful part: the bill explicitly states that these new eligibility requirements cannot be waived by anyone. Existing authorities that allow for exceptions—like those often found in annual appropriations bills or through Performance Partnership Pilots—are completely overridden for TRIO programs.

Think of it this way: previously, if a student was in a unique, compelling situation but didn't quite meet the strict residency criteria, a program administrator might have been able to use a waiver to let them participate. That flexibility is now gone. For a high school student who is lawfully present but maybe waiting on a final residency status, this means a hard stop on access to crucial college prep services.

Real-World Implications for Students and Programs

For the busy 25-to-45-year-old audience, this matters because these programs are often the only bridge to college for students whose families lack the resources or know-how. By removing all discretion and adding these strict, non-negotiable residency hurdles, the bill effectively cuts off access for a segment of students who are otherwise lawfully present in the country, paying taxes, and contributing to their communities, but who have not yet finalized their permanent residency status.

For the administrators who run these programs, the bill streamlines the rules, but at the cost of being able to help students on a case-by-case basis. They must now turn away students who, under previous rules, they might have been able to serve. The goal of the bill is clearly to prioritize federal education funds for a very specific group, but the practical effect is to make the on-ramp to higher education significantly steeper for others who are already living and studying here.