Bills of Congress by U.S. Congress

H.R.2374 - American Students First Act (119th Congress)

Summary

H.R.2374, the "American Students First Act," aims to amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The bill seeks to prohibit federal financial assistance to public institutions of higher education that offer in-state tuition rates or state-based financial aid to aliens not lawfully present in the United States. The bill was introduced in the House of Representatives on March 26, 2025, and referred to the Committees on the Judiciary and Education and Workforce.

Expected Effects

If enacted, H.R.2374 would likely result in public institutions of higher education discontinuing in-state tuition and state financial aid for undocumented students to maintain eligibility for federal funding. This could significantly increase the cost of higher education for undocumented students. It may also impact the enrollment rates of this student population at public colleges and universities.

Potential Benefits

  • Potentially reduces the financial burden on taxpayers by limiting financial aid to non-citizens.
  • May free up resources for citizen students.
  • Could incentivize lawful immigration.
  • Addresses concerns about fairness in access to public resources.
  • May lead to increased focus on citizen students' needs within higher education.

Potential Disadvantages

  • Could decrease access to higher education for undocumented students, limiting their opportunities for social and economic mobility.
  • May negatively impact state economies by reducing the potential contributions of educated immigrants.
  • Could create a chilling effect, discouraging institutions from supporting immigrant students.
  • May face legal challenges based on equal protection arguments.
  • Potentially increases the risk of creating an underclass of undocumented individuals with limited education and job prospects.

Constitutional Alignment

The bill's constitutionality could be debated under the Equal Protection Clause of the Fourteenth Amendment, which prohibits states from denying any person within their jurisdiction the equal protection of the laws. However, the Supreme Court has held that not all classifications are subject to strict scrutiny. The federal government's power over immigration is substantial, potentially justifying the differential treatment. Article I, Section 8 grants Congress the power to establish uniform Rule of Naturalization.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).