Prohibits undocumented student from receiving Tuition Aid Grant and Summer Tuition Aid Grant.

A5005

ASSEMBLY, No. 5005

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 7, 2026

Sponsored by:

Assemblyman� GREGORY E. MYHRE

District 9 (Ocean)

Assemblyman� BRIAN E. RUMPF

District 9 (Ocean)

SYNOPSIS

���� Prohibits undocumented student from receiving Tuition
Aid Grant and Summer Tuition Aid Grant.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning student financial aid for
undocumented students and amending P.L.2018, c.12 and N.J.S.18A:71B-20.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.2018,
c.12 (C.18A:71B-2.1) is amended to read as follows:

���� 1. a. Notwithstanding the
provisions of N.J.S.18A:71B-2 or any other law or regulation to the contrary, a
student who meets the requirements of P.L.2013, c.170 (C.18A:62-4.4), or in the
case of a student enrolled in an independent institution of higher education
meets all of the requirements of P.L.2013, c.170 (C.18A:62-4.4) except for the
requirement to enroll in a public institution of higher education, is eligible
to apply for, and participate in, any student financial aid program
administered by the Higher Education Student Assistance Authority or the
Secretary of Higher Education to the full extent permitted by federal law
,
except that a student without lawful immigration status shall not be eligible
to receive a tuition aid grant or summer tuition aid grant pursuant to
N.J.S.18A:71B-20 and section 2 of P.L.2023, c.34 (C.18A:71B-20a)
. The
Legislature finds and declares that this section is a state law within the
meaning of section 411(d) of the "Personal Responsibility and Work
Opportunity Reconciliation Act of 1996" (8 U.S.C. s.1621(d)).

���� b.��� The Higher Education
Student Assistance Authority and the Secretary of Higher Education shall
establish procedures and forms that enable students who meet the requirements
of subsection a. of this section to apply for, and participate in, all student
financial aid programs administered by the Higher Education Student Assistance
Authority and the Secretary of Higher Education to the full extent permitted by
federal law. The procedures and forms shall be posted on the websites of the
Higher Education Student Assistance Authority and the Office of the Secretary
of Higher Education.

���� c.���� The procedures and
forms established by the Higher Education Student Assistance Authority and the
Secretary of Higher Education pursuant to this section shall not discriminate
against eligible students based on the immigration status or national origin of
the student or the student's parent or guardian
, except that the procedures
and forms may seek information as is necessary to determine that a student is a
lawful United States citizen or eligible noncitizen for the purpose of
determining eligibility for tuition aid grants and summer tuition aid grants
.

���� d.��� Except as required by
State or federal law
and unless otherwise deemed necessary to determine that
a student is a lawful United States citizen or eligible noncitizen for the
purpose of determining eligibility for tuition aid grants and summer tuition
aid grants
, the Higher Education Student Assistance Authority and the
Secretary of Higher Education shall not request information from any student
about the citizenship or immigration status of the student or the student's
parent or guardian.�

���� e.���� The Higher Education
Student Assistance Authority and the Secretary of Higher Education shall adopt
rules and regulations pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of
this act.

(cf: P.L.2018, c.12, s.1)

���� 2.��� N.J.S.18A:71B-20 is
amended to read as follows:

���� 18A:71B-20. a. A State tuition
aid grant shall be awarded annually to each eligible, qualified full-time
undergraduate student enrolled in a curriculum leading to a degree or
certificate in an eligible institution, or in an institution of higher education
in another state, provided that state permits its residents to utilize its
state student financial assistance grants in New Jersey institutions of higher
education through reciprocity agreements approved by the authority.� In no
event shall a State tuition aid grant be utilized at an out-of-State
institution which is not licensed by that state and accredited by a regional
accrediting association recognized by a national accrediting organization.

���� b.��� To each New Jersey
resident enrolled as a full-time student, except as otherwise provided in
subsection d. of this section, and meeting the other requirements for
eligibility under this chapter, the State shall grant an amount as provided in
N.J.S.18A:71B-21.� A student shall not be eligible for a grant unless the
application is in a form satisfactory to the authority.� A student shall not be
eligible for grants for more than four and one-half academic years, unless the
recipient is enrolled in an undergraduate program regularly requiring five
academic years for completion, in which case the authority shall permit five
and one-half years of eligibility.� Notwithstanding the foregoing provisions, a
student receiving aid under the provisions of P.L.1968, c.142 (C.18A:71-28 et
seq.) shall be entitled to a sixth year of eligibility.� Notwithstanding the
foregoing provisions, a county college student who transfers to a four-year
institution, or any student who is required to pursue 18 or more credit hours
in a remedial or developmental curriculum, as defined by regulations adopted by
the authority, is entitled to an additional half year of eligibility.� For the
purpose of this article, a remedial curriculum shall include only noncredit
courses in which a student is directed to enroll by the institution.�
Eligibility for tuition aid grants may be extended to part-time students
through regulations developed by the authority if funds are separately
appropriated for this purpose.� A student shall not be eligible for grants
unless the student maintains such minimum standards of academic performance as
are required by the institution of enrollment.� A student who is enrolled in a
course leading to a degree in theology or divinity shall not be eligible for a
tuition aid grant.

���� c.���� A person shall not be
awarded a State tuition aid grant unless that person:

���� (1)�� satisfies the residency
and other requirements provided in article 1 of this part;

���� (2)�� has applied for State
tuition aid and has been determined by the authority to be eligible for the
tuition aid;

���� (3)�� has demonstrated
financial need for the tuition aid as determined by and in accordance with
standards to be established by the authority;
[
and
]

���� (4)�� maintains satisfactory
academic progress in accordance with standards established by the authority
;
and

����
(5) is a lawful citizen of
the United States or eligible noncitizen as determined under 20 U.S.C. s.1091
.

���� d.��� Eligibility criteria for
summer tuition aid grants awarded pursuant to section 2 of P.L.2023, c.34
(C.18A:71B-20a) shall conform to the requirements of this section and shall
include the following additional eligibility criteria:

���� (1)�� the student is enrolled
in six or more credit hours in the summer term;

���� (2)�� the courses for which
the summer tuition aid grant is to be applied are in the same undergraduate
program at the same institution in which the student was enrolled during the
student's most recent semester of enrollment in the preceding academic year; and

���� (3)�� the courses for which
the summer tuition aid grant is to be applied may be credited toward the
student's graduation or academic major requirements.

����
e.� A student without
lawful immigration status shall not be eligible to receive a tuition aid grant
or a summer tuition aid grant pursuant to this section and section 2 of
P.L.2023, c.34 (C.18A:71B-20a).

(cf: P.L. 2023, c.283, s.1)

���� 3.��� This act shall take
effect immediately and shall first apply to the first full academic year
following the date of enactment.

STATEMENT

���� This bill prohibits
undocumented students from receiving tuition aid grants and summer tuition aid
grants.

���� Current law permits an
undocumented student who meets certain criteria to apply for, and participate
in, any student financial aid program administered by the Higher Education
Student Assistance Authority or the Secretary of Higher Education to the full extent
permitted by federal law. These student financial aid programs include, among
others, the tuition aid grant program and the summer tuition aid grant program.

���� This bill revises current law
to explicitly prohibit students without lawful immigration status from
receiving tuition aid grants and summer tuition aid grants.� The bill modifies
State law to require a recipient of these types of financial aid to be a lawful
citizen of the United States or to be a noncitizen who is eligible for federal
student financial aid pursuant to federal law. The bill does not modify current
eligibility requirements related to immigration status for other student
financial aid programs administered by the State.