Randall, Casar, Norton Introduce Bill to Prevent FAFSA Data From Being Used for Immigration Enforcement

WASHINGTON, D.C. - Today, U.S. Representatives Emily Randall (D, WA-06), Greg Casar (D, TX-35), and Eleanor Holmes Norton (D, D.C.) introduced the Protecting Student Privacy Act to prevent personally identifiable information submitted through the Free Application for Federal Student Aid (FAFSA) and other federal student aid programs from being used for immigration enforcement purposes.

"Every student deserves the chance to pick the post-high school path that's right for them. That's why I've fought so hard to expand financial aid," said Rep. Randall. "But students from mixed-status households are being forced to give up affordable educational opportunities out of fear that DHS will use their FAFSA applications to track and deport their loved ones. This isn't right. The Protecting Student Privacy Act would safeguard students' FAFSA data, tax information, dependency status, family information, addresses, and more from being accessed by ICE and DHS for immigration enforcement."

"Students should be able to pursue a college education without fear that their information will be used against their families," said Rep. Casar. "I'm proud to stand with Rep. Randall and Rep. Norton to introduce the Protecting Student Privacy Act, which would make sure no one has to choose between applying for FAFSA and keeping their family safe from Trump's deportation machine."

"Federal student aid exists to increase access to higher education, not to serve as a backdoor surveillance tool for immigration enforcement," Rep. Norton said. "For students in mixed-status households, the fear that submitting a FAFSA could expose their families to deportation is a cruel, unjust barrier to higher education. By prohibiting federal student aid data from being weaponized for enforcement purposes, this legislation ensures that every student can pursue a college education without exposing their families to deportation or other immigration enforcement actions."

This legislation is intended to ensure that students from mixed immigration status families are not discouraged from applying for FAFSA out of fear that their data could be used by the Department of Homeland Security (DHS) to track, detain, and deport their family members. Undocumented students are not eligible to apply for federal student aid.

The Protecting Student Privacy Act;

• Amends Title IV of the Higher Education Act to prohibit the disclosure of federal student aid information to DHS, federal immigration enforcement agencies, or state and local entities operating under 287(g) agreements for the purpose of immigration enforcement;
• Prevents FAFSA information from being treated as shareable under federal immigration information-sharing statutes;
• Protects personally identifiable information used to determine eligibility for federal student aid programs, including household financial data, tax information, dependency status, family composition information, addresses, Social Security-related identifiers, and contributor information submitted by parents or guardians;
• Prohibits immigration authorities from coercing or pressuring students or families into authorizing disclosure of their information;
• And establishes reporting requirements for any improper disclosure of student aid information and clarifies that these protections supersede conflicting federal, state, or local laws.

The bill contains only two narrow exceptions:

• Disclosures made pursuant to a court order connected to a federal or state criminal offense allegedly committed by the student;
• Situations where the student or individual voluntarily and expressly consents to disclosure.

The legislation is supported by the Congressional Hispanic Caucus, the National Association of Student Financial Aid Administrators (NASFAA), the Presidents' Alliance on Higher Education and Immigration, and the National College Attainment Network (NCAN).

"Students and families should never have to choose between pursuing higher education and protecting their privacy and personal information. The FAFSA exists to help students access financial aid and achieve their educational goals - not to serve as a tool for immigration enforcement. NASFAA is proud to support the Protecting Student Privacy Act because it reinforces a fundamental principle: sensitive financial aid information should only be used for its intended purpose. Strengthening these protections is essential to ensuring that all students feel confident and secure when applying for the aid they need," said Karen McCarthy, Vice President of Public Policy & Federal Relations, National Association of Student Financial Aid Administrators (NASFAA)

"Students from immigrant and mixed-status families are key to the success of our nation's higher education system, helping sustain and grow enrollment at institutions across the country. Yet concerns about the security of personal information are already impacting FAFSA submission rates among first-generation college applicants, undermining an otherwise successful financial aid cycle," said Corinne Kentor, Senior Manager of Research and Policy Presidents' Alliance on Higher Education and Immigration. "Students, including U.S. citizens from mixed-status families, should not have to worry that pursuing higher education could put their family members at risk. Legislation like the Protecting Student Privacy Act is urgently needed to safeguard information submitted in good faith and to ensure that our financial aid system continues to operate effectively. By affirmatively protecting FAFSA information from misuse, Congress can provide families and counselors with the assurance they need to make postsecondary choices based on hope, rather than fear, and help ensure colleges can continue enrolling motivated students regardless of their financial need or family background."

The full bill text is available HERE.