Overview
Title
To amend the Higher Education Act of 1965 to prohibit an institution of higher education that employs unauthorized aliens from receiving funds from Federal student assistance or Federal institutional aid and to require institutions of higher education to participate in the E-Verify Program in order to be eligible to participate in any program authorized under title IV of such Act.
ELI5 AI
H.R. 7712 wants to make sure that colleges only get federal money if they don't hire people who aren't allowed to work in the U.S. and if they use a special program to check everyone's work papers.
Summary AI
H.R. 7712, known as the "College Employment Accountability Act," aims to change the Higher Education Act of 1965 by preventing colleges that employ unauthorized immigrants from getting federal student assistance and institutional aid. To continue receiving these funds, colleges must also take part in the E-Verify Program, which is used to verify the eligibility of their employees to work in the U.S. The Department of Homeland Security will check every six months whether colleges are complying and inform the Department of Education if any college is found in violation.
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AnalysisAI
General Summary of the Bill
The proposed bill, titled the "College Employment Accountability Act," seeks to amend the Higher Education Act of 1965 by imposing new conditions on higher education institutions regarding the hiring and employment of unauthorized aliens. Primarily, it would prohibit these institutions from receiving federal student assistance or institutional aid if they are found to employ unauthorized persons. Furthermore, the bill mandates that these institutions use the E-Verify Program, a government system designed to verify the employment eligibility of workers, as a prerequisite for participating in federal assistance programs. The Department of Homeland Security (DHS) would be responsible for monitoring compliance with these requirements.
Summary of Significant Issues
Significant concerns arise from the ambiguity and potential consequences of certain terms and provisions within the bill. Firstly, the lack of a precise definition for "employment of unauthorized aliens" could result in varied interpretations and impacts on institutions. The bill's frequent use of phrases like "Notwithstanding any other provision of law" poses potential conflicts with existing legislation without detailing resolution methods. Additionally, the determination process for identifying institutional violations is not clearly outlined, affecting transparency in enforcement. There are also concerns regarding the financial and administrative implications of mandating E-Verify participation without outlining the associated costs.
Impact on the Public Broadly
If enacted, the bill could notably impact both higher education institutions and the broader public, especially those dependent on federal student aid. Institutions might face significant administrative and financial burdens as they work to comply with the requirements of the bill. For students, any institution in violation may lose federal support eligibility, potentially affecting tuition costs and access to financial aid. Overall, while the bill aims to address unauthorized employment within educational institutions, its current form might inadvertently impact students by potentially reducing available resources.
Impact on Specific Stakeholders
For higher education institutions, this bill could present substantial challenges, particularly in enhancing compliance infrastructure and bearing any associated costs. This could be more burdensome for smaller institutions with fewer resources. Students and their families might experience increased financial pressures, particularly if schools become ineligible for federal funding, leading to higher tuition fees or reduced availability of financial resources.
On the positive side, proponents of stricter immigration enforcement may view this legislation as a necessary step toward ensuring compliance with immigration laws. It might be seen as a mechanism for holding institutions accountable, potentially leading to a fairer employment landscape across educational professionals.
Overall, while the bill's intentions focus on immigration control, careful consideration of its potential unintended consequences and clarity in its implementation will be crucial for balanced stakeholder impacts.
Issues
The potential ambiguity and consequences related to the employment of unauthorized aliens (Sections 2 and 124) could lead to confusion and unfair penalties for educational institutions, and possibly impact students more than addressing the primary goal of unauthorized employment.
The bill’s requirement for institutions to participate in the E-Verify Program (Section 3) does not clearly outline any associated costs or logistical implications, which might impose financial and administrative burdens on educational institutions.
The phrase 'Notwithstanding any other provision of law' (Section 2) could create conflicts with existing laws and lacks detail on how such conflicts would be resolved, leading to potential legal challenges.
There is a lack of clarity in defining what constitutes a 'violation' and in the process by which an institution is determined to be in violation (Sections 2 and 124), which could affect transparency and fairness in enforcement.
The monitoring frequency and notification requirements (Section 4) may not be adequate to ensure compliance, and there is no specification regarding the consequences for non-compliance, leading to potential enforcement issues.
The absence of a clear definition for key terms such as 'employment of unauthorized aliens' in the legislative text (Sections 2 and 124) can lead to varying interpretations and inconsistent enforcement.
The cross-referencing of multiple laws and sections (Sections 3 and 4) makes the amendment complex for stakeholders without detailed legal knowledge, potentially limiting accessibility and understanding of the requirements.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act specifies its name, which is "College Employment Accountability Act".
2. Ineligibility due to employment of unauthorized aliens Read Opens in new tab
Summary AI
Institutions of higher education will not be able to receive federal student assistance or institutional aid if they are found employing unauthorized aliens, as per the amendment to the Higher Education Act of 1965.
124. Ineligibility due to employment of unauthorized aliens Read Opens in new tab
Summary AI
Institutions of higher education cannot receive federal student aid or institutional aid if they employ unauthorized aliens, as this would violate a specific section of the Immigration and Nationality Act.
3. Requirement to participate in the E-Verify Program Read Opens in new tab
Summary AI
The amendment to the Higher Education Act of 1965 requires institutions to participate in the E-Verify Program, which is used to verify the employment eligibility of newly hired employees, according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
4. Department of Homeland Security monitoring and notification requirements Read Opens in new tab
Summary AI
The Department of Homeland Security is required to check every six months whether colleges and universities are using the E-Verify Program to confirm the immigration status of their employees. If a school is found to be violating immigration laws or not participating in the E-Verify Program, the Department must inform the Secretary of Education within 10 days.