[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9853 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9853
To establish a grant program to support students, families, and school
personnel impacted by immigration enforcement actions to ensure that
schools remain safe, trauma-informed learning environments, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2026
Mr. Garcia of Illinois (for himself, Mr. Correa, Ms. Bonamici, Ms.
Omar, Ms. Norton, Mr. Garcia of California, Ms. Wilson of Florida, Mr.
Krishnamoorthi, Ms. Crockett, Mrs. Ramirez, Ms. Craig, Ms. Lee of
Pennsylvania, Mr. Evans of Pennsylvania, Mrs. Grijalva, and Mr.
Espaillat) introduced the following bill; which was referred to the
Committee on Education and Workforce
_______________________________________________________________________
A BILL
To establish a grant program to support students, families, and school
personnel impacted by immigration enforcement actions to ensure that
schools remain safe, trauma-informed learning environments, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may cited as the ``Right to Learn Act of 2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Community-based nonprofit organization.--The term
``community-based nonprofit organization'' means a nonprofit
entity that--
(A) demonstrates expertise in trauma-informed care,
educational equity, or immigrant family services; and
(B) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code.
(2) Culturally responsive care.--The term ``culturally
responsive care'' means practices, policies, or interventions
that--
(A) recognize and affirm students' cultural,
linguistic, and community backgrounds;
(B) ensure that educational and mental health
services are inclusive, equitable, and accessible to
individuals of all racial, ethic, and national origins;
and
(C) integrate students' and families' cultural
strengths and perspectives into trauma-informed and
educational support programs.
(3) Early childhood program.--The term ``early childhood
program'' means a Head Start or Early Head Start program
carried out under the Head Start Act (42 U.S.C. 9831 et seq.),
or a prekindergarten program that is licensed or regulated by a
State and that receives Federal or State funds.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency;
(B) a public school;
(C) an early childhood program;
(D) an institution of higher education;
(E) a community-based nonprofit organization; or
(F) a legal service provider.
(5) Immigration enforcement action.--The term ``immigration
enforcement action'' means any action carried out by or on
behalf of the Department of Homeland Security for the purpose
of enforcing the immigration laws (as such term is defined in
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101)).
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(7) Know your rights services.--The term ``Know Your Rights
services'' means services that provide accurate, age-
appropriate, and culturally and linguistically responsive
information to students, families, educators, and school
personnel regarding legal rights and available protections
under Federal, State, and local law, including with respect to
interactions with immigration enforcement, access to education
and related services, due process rights, and protections
against discrimination and unlawful search or questioning.
(8) Legal service provider.--The term ``legal service
provider'' means a nonprofit legal services organization, legal
aid organization, law school legal clinic, or pro bono legal
network that provides representation, referral, or Know Your
Rights services to immigrant children and families.
(9) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(10) School personnel.--The term ``school personnel'' means
teachers, principals, administrators, school counselors, social
workers, school psychologists, nurses, paraprofessionals,
transportation staff, food service workers, custodial staff,
security personnel, and any other individuals employed by,
under contract with, or volunteering on behalf of an eligible
entity described in subparagraphs (A) though (D) of paragraph
(4).
(11) Specified individual.--The term ``specified
individual'' means an individual--
(A) who is not a United States national and who is
present in the United States with or without lawful
status under the immigration laws (as such term is
defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)); or
(B) who has a household member who is not a United
States national and who is present in the United States
with or without lawful status under the immigration
laws (as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)).
(12) Trauma-informed practice.--The term ``trauma-informed
practice'', when used with respect to an approach to
immigration enforcement action, means an approach in education
or social services that recognizes and addresses the impact of
traumatic stress on students, families, and staff, including
through principles of safety, trust, empowerment, peer support,
choice, and cultural responsiveness.
SEC. 3. PURPOSE.
The purposes of this Act are to--
(1) provide emergency resources to eligible entities to
support students and educators impacted by immigration
enforcement actions;
(2) ensure that schools remain safe, trauma-informed
environments for learning, especially for students who are
specified individuals;
(3) affirm and reinforce the constitutional right to free,
public education for all children, regardless of immigration
status, as recognized in Plyler v. Doe, (457 U.S. 202 (1982)),
and to prohibit discriminatory measures based on immigration
status;
(4) reduce absenteeism, disengagement, bullying, and
academic decline resulting from immigration enforcement action-
related trauma and instability; and
(5) support educators and staff in effectively responding
to the needs of students who are specified individuals and
their families.
SEC. 4. GRANT PROGRAM ESTABLISHES.
(a) Authority.--The Secretary of Education shall establish a
competitive grant program to award funds to eligible entities for the
purposes described in subsection (c).
(b) Period of Grants.--Grants awarded under this Act shall be for a
initial period not to exceed 3 years, but may be renewed annually as
determined appropriate by the Secretary of Education based on
performance and evaluation.
(c) Use of Funds.--An eligible entity receiving a grant under this
Act may use grant funds for the following purposes:
(1) Student-focused stabilization services for students
impacted by immigration enforcement actions, including--
(A) hiring or expanding access to bilingual
counselors, social workers, trauma-informed staff, or
school psychologists;
(B) providing emergency assistance, including
transportation, food, clothing, temporary shelter, or
legal service navigation (including referral to legal
service providers, partnerships with legal service
providers, and payment of administrative or court fees
related to immigration proceedings);
(C) supporting in-school mental health services,
community-based mental health providers, peer support
groups, family-based counseling or therapeutic
services, and safe and supporting school environments
for students experiencing anxiety, fear, or trauma
stemming from immigration enforcement actions; and
(D) developing and delivering curriculum or
instructional content concerning the history,
contributions, and experiences of immigrants in the
United States to foster inclusion and cultural
awareness.
(2) School personnel-focused services and training,
including--
(A) providing mental health services, peer-support
networks, or counseling to school personnel impacted by
immigration enforcement actions (including school
personnel who are specified individuals); and
(B) professional development and training on--
(i) trauma-informed practices with respect
to immigration enforcement actions;
(ii) legal rights of immigrant students and
families; and
(iii) culturally responsive care and
immigration-related crisis response protocols.
(3) Community collaboration and family engagement with
respect to immigration enforcement actions, including--
(A) partnering with legal service providers,
community-based nonprofit organizations, or family
advocacy centers to provide Know Your Rights services,
family reunification resources, and deportation defense
or legal support;
(B) coordinating with local governments, local
educational agencies, and community stakeholders to
develop or revise protocols for school responses during
immigration enforcement actions;
(d) Selection Criteria; Priorities.--In awarding grants under this
Act, the Secretary of Education shall determine appropriate selection
criteria, and shall give priority to an eligible entity that meets one
or more of the following criteria:
(1) Serves a local educational agency or student population
that is located in a community with immigration enforcement
action.
(2) Serves populations with high rates of specified
individuals.
(3) Has established partnerships with community-based
nonprofit organizations or legal service providers.
(e) Technical Assistance, Oversight, and Evaluation.--The Secretary
of Education may reserve up to 5 percent of funds made available to
carry out this Act for evaluation, oversight, monitoring, and technical
assistance to grantees.
SEC. 5. PROTECTIONS AND NONDISCRIMINATION.
(a) Collection, Use, and Treatment of Data.--
(1) Prohibition on status inquiry or disclosure.--In
carrying out this Act, the Secretary of Education or an
eligible entity receiving funds under this Act may not request,
collect, or disclose personally identifiable information
concerning the immigration or citizenship status of any student
or family member, except where such disclosure is expressly
required by a Federal law other than this Act that relates to
the collection or disclosure of immigration or citizenship
information for the administration of a Federal program or
investigation, or by a judicial order issued under such a law.
(2) Data to administer grant.--To administer and carry out
the grant program under this Act, the Secretary of Education
and any eligible entity receiving funds under this Act may use
non-personally identifiable information from Federal, State, or
local governments or local educational agencies to determine,
within a community to be served by a grant under this Act, the
occurrence of immigration enforcement action and the population
of specified individuals.
(b) Nondiscrimination.--No eligible entity may deny or limit
services or supports provided under this Act on the basis of actual or
perceived immigration status of a student, family member, or school
personnel who is impacted by immigration enforcement action.
(c) Compliance.--Each eligible entity applying for a grant under
this Act shall certify compliance with applicable Federal privacy and
civil rights laws, as determined by the Secretary of Education,
including the Family Educational Rights and Privacy Act (20 U.S.C.
1232g) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$250,000,000 for each of the fiscal years 2027 through 2031.
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