No Funding for Sanctuary Campuses Act

I 116TH CONGRESS 1ST SESSION H. R. 768 To amend title IV of the Higher Education Act of 1965 to prohibit the provision of funds under such title to institutions of higher education that violate the immigration laws, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 24, 2019 Mr. HUNTER (for himself, Mr. JONES, Mr. BIGGS, Mr. BABIN, Mr. GOHMERT, Mr. GROTHMAN, Mr. HICE of Georgia, and Mr. GOSAR) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend title IV of the Higher Education Act of 1965 to prohibit the provision of funds under such title to institutions of higher education that violate the immigra- tion laws, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘No Funding for Sanc- 4 tuary Campuses Act’’. 5 VerDate Sep 11 2014 04:06 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768 kjohnson on DSK79L0C42 with BILLS 2 •HR 768 IH SEC. 2. TREATMENT OF SANCTUARY CAMPUSES. 1 (a) IN GENERAL.—Part G of title IV of the Higher 2 Education Act of 1965 (20 U.S.C. 1088 et seq.) is amend- 3 ed by adding at the end the following: 4 ‘‘SEC. 493E. TREATMENT OF SANCTUARY CAMPUSES. 5 ‘‘(a) DEFINITION.— 6 ‘‘(1) IN GENERAL.—For purposes of this sec- 7 tion, the term ‘sanctuary campus’ means any insti- 8 tution of higher education (as defined in section 9 102) that— 10 ‘‘(A) has in effect an ordinance, policy, or 11 practice that prohibits or restricts any institu- 12 tional entity, official, or personnel from— 13 ‘‘(i) sending, receiving, maintaining, 14 or exchanging with any Federal, State, or 15 local government entity information re- 16 garding the citizenship or immigration sta- 17 tus (lawful or unlawful) of any individual; 18 ‘‘(ii) complying with a request lawfully 19 made by the Secretary of Homeland Secu- 20 rity under section 236 or 287 of the Immi- 21 gration and Nationality Act (8 U.S.C. 22 1226 or 1357) to comply with a detainer 23 for, or notify about the release of, an indi- 24 vidual; or 25 VerDate Sep 11 2014 04:06 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768 kjohnson on DSK79L0C42 with BILLS 3 •HR 768 IH ‘‘(iii) otherwise complying with section 1 642 of the Illegal Immigration Reform and 2 Immigrant Responsibility Act of 1996 (8 3 U.S.C. 1373); 4 ‘‘(B) brings in, or harbors, an alien in vio- 5 lation of section 274(a)(1)(A) of the Immigra- 6 tion and Nationality Act (8 U.S.C. 7 1324(a)(1)(A)); 8 ‘‘(C) renders an alien who lacks a lawful 9 immigration status in the United States eligible 10 for any postsecondary education benefit pro- 11 vided on the basis of residence within a State 12 (or a political subdivision of a State) to the 13 same extent as a citizen or national of the 14 United States is eligible for such benefit; or 15 ‘‘(D) has in effect a policy or practice that 16 either prohibits, or in effect prevents, the Sec- 17 retary of Homeland Security from gaining ac- 18 cess to campuses or access to students (who are 19 17 years of age or older) on campuses, for pur- 20 poses of Department of Homeland Security re- 21 cruiting in a manner that is at least equal in 22 quality and scope to the access to campuses and 23 to students that is provided to any other em- 24 ployer. 25 VerDate Sep 11 2014 04:06 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768 kjohnson on DSK79L0C42 with BILLS 4 •HR 768 IH ‘‘(2) EXCEPTIONS.—An institution of higher 1 education shall not be considered a sanctuary cam- 2 pus for purposes of this section based solely on the 3 institution having a policy under which its officials, 4 with respect to an individual who comes forward as 5 a victim or a witness to a criminal offense, will 6 not— 7 ‘‘(A) send, receive, maintain, or exchange 8 with any Federal, State, or local government 9 entity information regarding the citizenship or 10 immigration status (lawful or unlawful) of the 11 individual; or 12 ‘‘(B) comply with a request made by the 13 Secretary of Homeland Security under section 14 236 or 287 of the Immigration and Nationality 15 Act (8 U.S.C. 1226 or 1357) to comply with a 16 detainer for, or notify about the release of, the 17 individual. 18 ‘‘(b) DETERMINATION BY SECRETARY OF HOME- 19 LAND SECURITY.—Whenever the Secretary of Homeland 20 Security makes a determination that an institution of 21 higher education is a sanctuary campus, the Secretary— 22 ‘‘(1) shall transmit a notice of the determina- 23 tion to the Secretary of Education; and 24 VerDate Sep 11 2014 04:06 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768 kjohnson on DSK79L0C42 with BILLS 5 •HR 768 IH ‘‘(2) shall publish in the Federal Register a no- 1 tice of the determination and the effect of the deter- 2 mination on the eligibility of the institution for fund- 3 ing under this title. 4 ‘‘(c) EFFECT OF DETERMINATION.—An institution 5 determined under subsection (b) to be a sanctuary campus 6 is ineligible to receive funds under this title. 7 ‘‘(d) SENSE OF CONGRESS.—It is the sense of the 8 Congress that providing the public benefit of in-State tui- 9 tion to an alien who lacks lawful immigration status in 10 the United States creates an incentive for illegal immigra- 11 tion and encourages and induces aliens to come to, enter, 12 or reside in the United States, as described in section 13 274(a)(1)(A)(iv) of the Immigration and Nationality Act 14 (8 U.S.C. 1324(a)(1)(A)(iv)).’’. 15 (b) EFFECTIVE DATE.—The amendment made by 16 subsection (a) shall take effect on the date that is 90 days 17 after the date of the enactment of this Act. 18 Æ VerDate Sep 11 2014 04:06 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H768.IH H768 kjohnson on DSK79L0C42 with BILLS