Protecting Student Privacy Act

This bill, known as the "Protecting Student Privacy Act," aims to safeguard sensitive student data by amending the Higher Education Act of 1965. Its primary purpose is to ensure that personally identifiable information provided in the Free Application for Federal Student Aid (FAFSA) is not used for immigration enforcement.

Specifically, the legislation prohibits the sharing of Federal student aid information with the Department of Homeland Security, other federal agencies with immigration enforcement authority, or state and local agencies operating under 287(g) agreements. This restriction applies solely to immigration enforcement purposes and also prevents such information from being treated as subject to disclosure requirements under 8 U.S.C. 1373.

There are narrow exceptions to this prohibition. Information may be disclosed if required by a court order for a federal or state criminal offense alleged to have been committed by the student, or if the student or a contributor individual provides voluntary and express consent. However, this consent exception is void if an agency requested or coerced the individual into providing it.

Furthermore, the bill mandates that the Secretary report any unauthorized disclosures of Federal student aid information to Congress, detailing the circumstances and remedial actions taken. This section is designed to supersede any conflicting federal, state, or local laws that might otherwise permit such disclosures for immigration enforcement.