NASFAA Supports Student Privacy Legislation
By Hugh T. Ferguson, NASFAA Managing Editor
House Democrats unveiled legislation on Wednesday, the Protecting Student Privacy Act, that would prohibit personally identifiable information collected by the FAFSA from being used for immigration enforcement.
The legislation, introduced by Rep. Emily Randall (D-Wash.) and sponsored by Reps. Greg Casar (D-Texas) and Eleanor Holmes Norton (D-D.C.), would specifically prohibit any federal agency that has immigration enforcement authority, including the Department of Homeland Security (DHS), or a state or local agency that has an agreement with DHS, from accessing personally identifiable information collected through the FAFSA for purposes of immigration enforcement.
The personally identifiable information used to determine student aid eligibility includes citizenship information, household financial data, tax information, dependency status, family composition information, addresses, Social Security-related identifiers, and contributor information submitted by parents or guardians.
The bill also contains two exceptions to data disclosure: when a court order is issued in connection with a federal or state criminal offense allegedly committed by a student, or when a student or individual voluntarily and expressly consents to disclosure.
Randall argues that students from mixed-status households are forgoing their financial aid eligibility out of fear for how DHS will use their FAFSA application.
“The Protecting Student Privacy Act would safeguard students’ FAFSA data, tax information, dependency status, family information, addresses, and more from being accessed by ICE and DHS for immigration enforcement,” Randall said.
“The FAFSA exists to help students access financial aid and achieve their educational goals — not to serve as a tool for immigration enforcement,” said Karen McCarthy, NASFAA’s vice president of public policy & federal relations. “NASFAA is proud to support the Protecting Student Privacy Act because it reinforces a fundamental principle: sensitive financial aid information should only be used for its intended purpose. Strengthening these protections is essential to ensuring that all students feel confident and secure when applying for the aid they need.”
Publication Date: 6/8/2026
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