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Bill

A 5005

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

2026-2027 Regular Session Introduced by Greg Myhre and 1 co-sponsor

Prohibits undocumented students from receiving state tuition aid grants and summer tuition aid grants, while keeping aid eligibility for U.S. citizens and eligible noncitizens.

Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee
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WeVote Research Nonpartisan
Bill Summary · A 5005

Summary of Assembly Bill A-5005 (Session 222, New Jersey)

Purpose and intent

  • Prohibits undocumented students from receiving certain state financial aid programs.
  • Specifically targets tuition aid grants and summer tuition aid grants, removing eligibility for students without lawful immigration status.
  • Proposes to align state law with a broader requirement that recipients be United States citizens or eligible noncitizens as determined under federal law, while explicitly excluding undocumented students from these two grant programs.

Key provisions and changes

  1. Amendment to eligibility rules (P.L.2018, c.12; C.18A:71B-2.1)

    • Reinforces that eligible applicants for state financial aid can participate in various programs administered by the Higher Education Student Assistance Authority (HESAA) and the Secretary of Higher Education, but explicitly bar undocumented students from receiving:
      • Tuition aid grants
      • Summer tuition aid grants
    • States this is a state law for purposes of federal law, referencing the Personal Responsibility and Work Opportunity Reconciliation Act framework.

  2. Procedures for application and administration

    • HESAA and the Secretary of Higher Education must establish procedures and forms enabling eligible students to apply for and participate in financial aid programs, consistent with federal law.
    • Procedures must be posted on relevant state websites and must not discriminate based on immigration status or national origin, except to determine whether a student is a U.S. citizen or eligible noncitizen for tuition aid eligibility.
    • They may collect necessary information to determine citizenship/eligible noncitizen status, but otherwise should avoid intrusive immigration-status questions beyond what is needed for eligibility.

  3. Administrative and regulatory authority

    • Requires the adoption of rules under the Administrative Procedure Act to effectuate the act.

  4. Amendment to N.J.S.18A:71B-20 (State tuition aid grants)

    • Restates general eligibility for State tuition aid grants (residency, financial need, academic progress) but adds a definitive restriction: a student without lawful immigration status shall not be eligible to receive a tuition aid grant or a summer tuition aid grant.
    • Summer tuition aid grants (Section 2 of P.L.2023, c.34) must conform to these eligibility criteria and explicitly exclude undocumented students.

  5. Other eligibility criteria (unchanged framework)

    • Requires residency, eligibility determination, demonstrated financial need, satisfactory academic progress, and (as revised) eligibility as a U.S. citizen or eligible noncitizen.
    • Maintains existing limits on total years of eligibility, programs, and remedial curriculum provisions, with adjustments only as necessitated by the undocumented status prohibition.

Who is affected

  • Undocumented students (students without lawful immigration status) would be ineligible for:
    • State tuition aid grants
    • Summer tuition aid grants
  • Eligible students under current federal guidelines (U.S. citizens and eligible noncitizens) would continue to be able to apply for and receive state financial aid, subject to existing statutory and administrative requirements.

Procedural and timeline aspects

  • Effective date: The act takes effect immediately and applies to the first full academic year following enactment.
  • Administrative setup: Requires HESAA and the Secretary of Higher Education to create and publish application procedures and forms, and to promulgate necessary rules under the Administrative Procedure Act.
  • Non-discrimination guardrails: Procedures must avoid discrimination based on immigration status or national origin unless necessary to verify citizenship or eligible noncitizenship for grant eligibility.

Notes

  • The bill revises current law to explicitly prohibit undocumented students from two specific state aid programs (tuition aid grants and summer tuition aid grants) while maintaining other aspects of state financial aid eligibility for eligible students.
  • It references federal law provisions related to immigration status and eligibility, signaling alignment with federal noncitizen eligibility standards for financial aid.

Compiled from official sources — confirm details with the bill’s official record.

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