HF1323

Purpose

To prohibit state-funded financial aid for undocumented noncitizens, meaning individuals who are not lawfully present in the United States, from receiving any type of financial assistance for higher education that is funded by state tax revenue.

Main provisions

• Prohibition: The commissioner may not provide any payment, grant, loan, subsidy, or other form of financial aid or assistance funded by state tax revenue to undocumented noncitizens or to anyone not lawfully present in the United States.
• Overrides other laws: The prohibition applies notwithstanding any law to the contrary, meaning it takes precedence over conflicting statutes.
• Legislative change: The bill would amend Minnesota Statutes (specifically section 136A.1465 subdivision 1) and introduce related provisions in Chapter 136A to establish this rule.

Significant changes to existing law

• Removes eligibility for state-funded higher education financial aid for undocumented noncitizens and those not lawfully present.
• Shifts responsibility to the state commissioner to deny such aid and to implement eligibility restrictions using state tax revenue.
• Codifies a broad, explicit exclusion from state financial aid, impacting how aid programs treat undocumented individuals seeking higher education support.

Practical implications

• Undocumented students would be ineligible for state-funded grants, loans, subsidies, or other aid for higher education.
• Institutions would need to adjust their financial aid processes to comply with the prohibition when distributing state-funded aid.
• The change may influence debates about education access and immigration-related policy, and could interact with federal financial aid programs in complex ways (which are not addressed by this bill).

Note on scope

• The bill focuses specifically on state-funded financial aid for higher education and does not address federal financial aid programs.

Relevant Terms undocumented noncitizens not lawfully present in the United States state-funded financial aid payment grant loan subsidy financial aid or assistance funded by state tax revenue commissioner higher education Minnesota Statutes 136A.1465 subdivision 1 136A.099 Notwithstanding any law to the contrary