Arkansas Senator Cotton Pushes for Bill to Bar Noncitizens from In-State College Tuition

By James Morley III | Tuesday, 16 December 2025 04:47 PM EST

Arkansas Senator Tom Cotton (R-Ark.) announced Tuesday he has introduced the Put American Students First Act, legislation designed to prevent noncitizens from qualifying for in-state tuition and other state-funded college benefits.

In a statement announcing the bill, Cotton argued that state taxpayers should not be subsidizing 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 the bill text provided by 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 and require public institutions to charge out-of-state rates to such students.

The bill also mandates that schools verify students’ immigration status through the Department of Homeland Security’s SAVE program before granting any tuition reduction and recheck eligibility annually. Cotton’s legislation further authorizes enforcement by allowing the Education Department to disqualify states found in violation from certain Higher Education Act grant programs and 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 restricts states from offering in-state tuition to aliens not lawfully present unless the same benefit is extended to U.S. citizens regardless of residence location. In 2025, the issue has been subject to multiple legal challenges, including Justice Department lawsuits against state policies permitting certain foreign nationals to pay in-state rates.

James Morley III is a writer with more than two decades of experience covering entertainment, travel, technology, and science and nature.