Sen. Tom Cotton, R-Ark., announced Tuesday he has introduced the Put American Students First Act, legislation aimed at blocking noncitizens from being eligible for in-state tuition and other state-provided tuition breaks at public colleges and universities.
In a statement announcing the bill, Cotton argued that state taxpayers should not subsidize reduced tuition for noncitizens.
"Arkansas taxpayers shouldn't be subsidizing noncitizens' college tuition. My bill will put our students first by ensuring that only Americans are eligible for in-state tuition," Cotton said in a statement.
According to the bill text provided by Cotton's office, the legislation would rewrite Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) to bar "postsecondary education benefits" for aliens not lawfully admitted for permanent residence and require public institutions to charge those students the out-of-state rate.
The bill also directs schools to verify students' immigration status through the Department of Homeland Security's SAVE program before granting any tuition reduction and to recheck eligibility annually.
Cotton's legislation further authorizes enforcement through federal education funding by allowing the Education Department to disqualify states found in violation from certain Higher Education Act grant programs, and it conditions public institutions' participation in federal student loan programs on compliance.
The measure's effective date would apply to academic years beginning on or after July 1, 2026.
Federal law already limits states from offering in-state tuition to aliens not lawfully present on the basis of residency unless the same benefit is available to U.S. citizens regardless of where they live.
In 2025, the issue has also been the subject of multiple legal fights, including Justice Department lawsuits challenging state policies that allow certain foreign nationals to pay in-state rates.
James Morley III ✉
James Morley III is a writer with more than two decades of experience in entertainment, travel, technology, and science and nature.
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