HB4097 104TH GENERAL ASSEMBLY

LRB104 14502 LNS 27642 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4097

Introduced 10/15/2025, by Rep. Regan Deering, Norine K. Hammond, Tony M. McCombie, Ryan Spain, Wayne A. Rosenthal, et al.

SYNOPSIS AS INTRODUCED:

110 ILCS 167/11 new
110 ILCS 205/9.45 new
110 ILCS 947/71 new

Amends the Public Higher Education Act, the Board of Higher Education Act, and the Higher Education Student Assistance Act. Provides that a resident of the State who is not lawfully present in the United States is not eligible, on the basis of residence within the State, for any postsecondary educational benefit unless a citizen or national of the United States is eligible for such a benefit without regard to whether the citizen or national is such a resident. Provides that any benefit conferred to a nonresident of the State who is lawfully present in the United States may not be lesser in amount, duration, or scope than the benefit conferred to a State resident who is unlawfully present in the United States.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Higher Education Act is amended by adding Section 11 as follows:

(110 ILCS 167/11 new)

Sec. 11. Educational benefits; noncitizens. Notwithstanding any other provision of law to the contrary, a resident of the State who is not lawfully present in the United States is not eligible, on the basis of residence within the State, for any postsecondary educational benefit from a public institution of higher education unless a citizen or national of the United States is eligible for such a benefit without regard to whether the citizen or national is such a resident. Any benefit conferred to a nonresident of the State who is lawfully present in the United States may not be lesser in amount, duration, or scope than the benefit conferred to a State resident who is unlawfully present in the United States.

Section 10. The Board of Higher Education Act is amended by adding Section 9.45 as follows:

(110 ILCS 205/9.45 new)

Sec. 9.45. Educational benefits; noncitizens. Notwithstanding any other provision of law to the contrary, a resident of the State who is not lawfully present in the United States is not eligible, on the basis of residence within the State, for any postsecondary educational benefit from the Board unless a citizen or national of the United States is eligible for such a benefit without regard to whether the citizen or national is such a resident. Any benefit conferred to a nonresident of the State who is lawfully present in the United States may not be lesser in amount, duration, or scope than the benefit conferred to a State resident who is unlawfully present in the United States.

Section 15. The Higher Education Student Assistance Act is amended by adding Section 71 as follows:

(110 ILCS 947/71 new)

Sec. 71. Educational benefits; noncitizens. Notwithstanding any other provision of law to the contrary, a resident of the State who is not lawfully present in the United States is not eligible, on the basis of residence within the State, for any postsecondary educational benefit from the Commission unless a citizen or national of the United States is eligible for such a benefit without regard to whether the citizen or national is such a resident. Any benefit conferred to a nonresident of the State who is lawfully present in the United States may not be lesser in amount, duration, or scope than the benefit conferred to a State resident who is unlawfully present in the United States.