Cotton Unveils Bill to Block Noncitizens from In-State College Benefits

By James Morley III | Tuesday, December 16, 2025

Senator Tom Cotton (R-Ark.) announced on Tuesday that he has introduced the “Put American Students First Act,” legislation aimed at preventing noncitizens from being eligible for in-state tuition and other state-provided educational benefits at public colleges and universities.

In a statement accompanying the bill, Cotton argued that state taxpayers should not subsidize reduced tuition for noncitizens.

“Arkansas taxpayers shouldn’t be subsidizing noncitizens’ college tuition,” Cotton said. “My bill will put our students first by ensuring only Americans are eligible for in-state tuition.”

According to Cotton’s office, the legislation would amend Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) to prohibit “postsecondary education benefits” for aliens not lawfully admitted for permanent residence, requiring public institutions to charge those students the out-of-state tuition rate.

The bill also mandates that schools verify students’ immigration status through the Department of Homeland Security’s SAVE program before granting any tuition reductions and requires annual rechecks of eligibility.

Cotton’s legislation further authorizes enforcement via federal education funding, allowing the U.S. Department of Education to disqualify states in violation from certain Higher Education Act grant programs and conditioning public institutions’ participation in federal student loan programs on compliance.

The measure takes effect for academic years beginning July 1, 2026.

Federal law already limits states from offering in-state tuition to aliens not lawfully present unless the same benefit is extended to U.S. citizens regardless of where they live.

In 2025, the issue has been the subject of multiple legal challenges, including Justice Department lawsuits targeting state policies that allow certain foreign nationals to pay in-state rates.