Putting American Students First Act

#3913 | HR Congress #119

Policy Area: Education
Subjects:

Last Action: Referred to the House Committee on Education and Workforce. (6/11/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Putting American Students First Act" amends the Higher Education Act of 1965 to establish specific immigration and residency requirements for individuals eligible to participate in Federal TRIO programs. TRIO programs are designed to support low-income, first-generation college students, and individuals with disabilities in achieving higher education.

Key provisions of the bill include:

1. **Eligibility Criteria**: To participate in these programs, individuals must be U.S. nationals, lawful permanent residents, or certain categories of aliens who have established residency in the U.S. and intend to apply for permanent residency. The bill specifies various categories of eligible individuals, including citizens from Freely Associated States and those with CNMI Resident status.

2. **Non-Waivable Requirements**: The bill explicitly prohibits any waivers for the residency requirements, ensuring that only those who meet these criteria can access TRIO program benefits.

3. **Technical Amendments**: The legislation also makes conforming amendments to various sections of the Higher Education Act to reflect these changes.

Overall, the bill aims to prioritize American citizens and lawful residents in accessing educational support programs while tightening eligibility for non-citizens.

Possible Impacts

The "Putting American Students First Act" introduces specific immigration and residency requirements for individuals participating in Federal TRIO programs. Here are three examples of how this legislation could affect people:

1. **Limiting Access to Educational Support**: By requiring participants in TRIO programs to be U.S. citizens, lawful permanent residents, or certain eligible aliens, the legislation may restrict access to educational support services for non-citizens, including undocumented students or those on temporary visas. This could hinder their ability to receive tutoring, mentoring, and financial assistance, potentially impacting their educational outcomes and career opportunities.

2. **Increased Barriers for Immigrant Students**: Students who are not U.S. nationals or do not fall under the specified categories (such as those from Freely Associated States or with CNMI Resident status) may face increased barriers to accessing resources that support their educational journeys. This could lead to a decrease in enrollment or participation in higher education among immigrant populations, exacerbating existing inequalities in educational attainment.

3. **Impact on Families and Communities**: The legislation could have broader implications for families and communities with mixed immigration status. If students who are eligible for educational support through TRIO programs are denied access due to their immigration status, this may place additional stress on families and communities that rely on educational attainment as a path to economic mobility. Moreover, it may discourage families from pursuing higher education altogether, fearing that their children will not receive the necessary support to succeed.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3913 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3913

To amend the Higher Education Act of 1965 to establish immigration and 
residency requirements for individuals served by Federal TRIO programs, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2025

Mrs. Houchin (for herself and Ms. Foxx) introduced the following bill; 
     which was referred to the Committee on Education and Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Higher Education Act of 1965 to establish immigration and 
residency requirements for individuals served by Federal TRIO programs, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Putting American Students First 
Act''.

SEC. 2. ELIGIBILITY FOR PARTICIPATION IN FEDERAL TRIO PROGRAMS.

    (a) Eligibility.--Section 402A of the Higher Education Act of 1965 
(20 U.S.C. 1070a-11) is amended--
            (1) by redesignating subsections (f) through (h) as 
        subsections (g) through (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Citizenship and Residency Requirements.--
            ``(1) In general.--To be eligible to participate in a 
        program that receives assistance under this chapter, an 
        individual shall be--
                    ``(A) 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)));
                    ``(B) an alien (as defined in paragraph (3) of such 
                section) lawfully admitted for permanent residence (as 
                defined in paragraph (20) of such section);
                    ``(C) an alien (as defined in paragraph (3) of such 
                section) who is physically present in the United States 
                (as defined in paragraph (38) of such section) for 
                other than a temporary purpose and who is able to 
                provide evidence from the Secretary of Homeland 
                Security of the alien's intent to become lawfully 
                admitted for permanent residence (as defined in 
                paragraph (20) of such section);
                    ``(D) a citizen of one of the Freely Associated 
                States lawfully residing in the United States in 
                accordance with the Compact of Free Association set 
                forth in section 201 of the Compact of Free Association 
                Act of 1985 (48 U.S.C. 1901 note; Public Law 99-239) or 
                the Compact of Free Association set forth in section 
                201 of Public Law 99-658 (48 U.S.C. 1931 note);
                    ``(E) an alien having CNMI Resident status under 
                section 6(e)(6) of the Joint Resolution entitled `A 
                Joint Resolution to approve the Covenant To Establish a 
                Commonwealth of the Northern Mariana Islands in 
                Political Union with the United States of America, and 
                for other purposes', approved March 24, 1976 (48 U.S.C. 
                1806); or
                    ``(F) a lawful resident of one of the Freely 
                Associated States.
            ``(2) Waiver prohibited.--The requirement under paragraph 
        (1) may not be waived under--
                    ``(A) any provision of section 523 of Departments 
                of Labor, Health and Human Services, and Education, and 
                Related Agencies Appropriations Act, 2024 (Public Law 
                118-47);
                    ``(B) any of the authorities provided by any of the 
                laws referred to in subsection (b) of such section 523; 
                or
                    ``(C) any other authority provided in any law--
                            ``(i) to carry out, or participate in, a 
                        Performance Partnership Pilot (as defined in 
                        section 526(1) of the Departments of Labor, 
                        Health and Human Services, and Education, and 
                        Related Agencies Appropriations Act, 2014 (42 
                        U.S.C. 12301 note)); or
                            ``(ii) that allows additional time to 
                        operate, or participate in, a Performance 
                        Partnership Pilot site selected on or before 
                        the date of the enactment of such law.''.
    (b) Conforming Amendments.--The Higher Education Act of 1965 (20 
U.S.C. 1011 et seq.) is further amended--
            (1) in section 318(b) (20 U.S.C. 1059e(b)), by striking 
        ``section 402A(h)'' each place it appears and inserting 
        ``section 402A(i)'';
            (2) in section 371(c) (20 U.S.C. 1067q(c)), by striking 
        ``section 402A(h)'' each place it appears and inserting 
        ``section 402A(i)'';
            (3) in section 402E(g) (20 U.S.C. 1070a-15(g)), by striking 
        ``section 402A(g)'' and inserting ``section 402A(h)''; and
            (4) in section 402H (20 U.S.C. 1070a-18), by striking 
        ``section 402A(f)(4)'' each place it appears and inserting 
        ``section 402A(g)(4)''.
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