Schools Not Shelters Act

I 118TH CONGRESS 1ST SESSION H. R. 3711 To prohibit the use of elementary, secondary, and post-secondary school facilities to provide shelter for unlawfully present aliens, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 25, 2023 Mr. MOLINARO (for himself and Mr. LANGWORTHY) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit the use of elementary, secondary, and post-sec- ondary school facilities to provide shelter for unlawfully present aliens, 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 ‘‘Schools Not Shelters 4 Act’’. 5 SEC. 2. PROHIBITION ON USE OF SCHOOL FACILITIES TO 6 SHELTER CERTAIN ALIENS. 7 (a) IN GENERAL.—As a condition on receipt of Fed- 8 eral financial assistance under any applicable program by 9 VerDate Sep 11 2014 01:12 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3711.IH H3711 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3711 IH an elementary school, secondary school, or institution of 1 higher education, the facilities of the school or institution 2 may not be used to provide shelter for specified aliens un- 3 less— 4 (1) the facility is a dormitory facility; and 5 (2) the alien pays the amount normally assessed 6 residents of the dormitory facility for room and 7 board. 8 (b) CONSTRUCTION.—Subsection (a) shall apply 9 without regard to sections 401 and 411 of the Personal 10 Responsibility and Work Opportunity Reconciliation Act 11 of 1996 (2 U.S.C. 1611, 1621). 12 (c) DEFINITIONS.—For purposes of this Act: 13 (1) The term ‘‘alien’’ has the meaning given 14 such term in section 101(a) of the Immigration and 15 Nationality Act (8 U.S.C. 1101(a)). 16 (2) The term ‘‘applicable program’’ has the 17 meaning such term in section 400 of the General 18 Education Provisions Act (20 U.S.C. 1221). 19 (3) The term ‘‘dormitory facility’’ means— 20 (A) institutionally owned or operated dor- 21 mitory housing (including dining facilities inside 22 such housing); or 23 (B) another facility customarily used for 24 housing students, faculty, or staff. 25 VerDate Sep 11 2014 01:12 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3711.IH H3711 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3711 IH (4) The terms ‘‘elementary school’’ and ‘‘sec- 1 ondary school’’ have the meaning given such terms 2 in section 8101 of the Elementary and Secondary 3 Education Act of 1965 (20 U.S.C. 7801). 4 (5) The term ‘‘Federal financial assistance’’ has 5 the meaning given such term in section 7501(a)(5) 6 of title 31, United States Code. 7 (6) The term ‘‘institution of higher education’’ 8 has the meaning given such term in section 101 of 9 the Higher Education Act of 1965 (20 U.S.C. 10 1001). 11 (7) The term ‘‘shelter’’ excludes short-term 12 emergency shelter made necessary by a natural dis- 13 aster. 14 (8) The term ‘‘specified alien’’ means an alien 15 who— 16 (A) is unlawfully present in the United 17 States; or 18 (B)(i) has not been admitted (as defined in 19 section 101(a) of the Immigration and Nation- 20 ality Act (8 U.S.C. 1101(a))); 21 (ii) is in removal proceedings or has been 22 ordered removed; and 23 VerDate Sep 11 2014 01:12 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3711.IH H3711 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3711 IH (iii) is not being detained by the Secretary 1 of Homeland Security during the pendency of 2 those removal proceedings or until removed. 3 Æ VerDate Sep 11 2014 01:12 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3711.IH H3711 pbinns on DSKJLVW7X2PROD with $$_JOB