H.R. 6865 — American Dream Protection Act of 2025

This section states congressional findings that (1) federal taxpayer dollars for higher education should prioritize U.S. citizens and lawful residents; (2) some states and institutions offer in-state tuition or other postsecondary benefits to aliens not lawfully present in the United States; (3) such practices create inequities for citizens of other states and undermine uniform federal immigration policy; and (4) federal higher education funds must be conditioned on compliance with federal immigration and eligibility laws.

This section amends Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) by (1) revising subsection (b) to apply only to subsection (a) (from this section), and (2) adding subsection (c) to prohibit federal financial assistance, as defined in 31 U.S.C. 7501(a)(5), to (A) a public institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), in the fiscal year following any fiscal year in which the Secretary of Education determines that the institution charged an alien not lawfully present in the United States tuition at a rate less than or equal to the rate for state-resident U.S. citizens or provided state-based financial aid to such an alien, and (B) a State, as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003), in the fiscal year following any fiscal year in which the Secretary determines that the State authorized such in-state tuition rates for such aliens at public institutions of higher education.

This section codifies into law Section 4 of Executive Order 14287 (90 Fed. Reg. 18761), which prevents federal benefits for aliens in sanctuary jurisdictions (i.e., state or local governments that limit cooperation with federal immigration enforcement).