Bill Text: NY A04660 | 2021-2022 | General Assembly | Amended


Bill Title: Establishes the Alex R. Jimenez New York state military immigrant family legacy program within the division of veterans' services.

Spectrum: Slight Partisan Bill (Democrat 10-6)

Status: (Engrossed - Dead) 2022-02-01 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [A04660 Detail]

Download: New_York-2021-A04660-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4660--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by  M.  of  A.  CRUZ, ASHBY -- read once and referred to the
          Committee on Governmental Operations  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the executive law, in relation to establishing the  Alex
          R. Jimenez New York state military immigrant family legacy program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new section  354-f
     2  to read as follows:
     3    § 354-f. Staff sergeant Alex R.  Jimenez New York state military immi-
     4  grant  family  legacy  program. 1. For the purposes of this section, the
     5  following terms shall have the following meanings:
     6    (a) "Uniformed service member" shall mean a member of the army,  navy,
     7  air force, space corps, marine corps, coast guard, public health service
     8  commissioned  corps,  or national oceanic and atmospheric administration
     9  commissioned officer corps serving on active duty.
    10    (b) "The program" shall mean the staff sergeant Alex R. Jimenez  mili-
    11  tary immigrant family legacy program.
    12    (c)  "Coordinator"  shall  mean  a  military  immigrant  family legacy
    13  program coordinator appointed pursuant  to  subdivision  three  of  this
    14  section.
    15    (d)  "Veteran" shall a person who served in the active military, naval
    16  or air service and who was discharged or released under conditions other
    17  than dishonorable.
    18    (e) "Intended recipients" shall mean uniformed service members, veter-
    19  ans, reserve component members and their family members.
    20    (f) "Reserve component members" shall mean those serving in  the  army
    21  reserve,  navy reserve, marine corps reserve, the army national guard or
    22  the air national guard during the time the unit was federally recognized
    23  as a reserve component.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07199-09-1

        A. 4660--A                          2

     1    2. There is  hereby  established  within  the  division  of  veterans'
     2  services,  in  conjunction  with  the  division  of  military  and naval
     3  affairs, the staff sergeant Alex R.  Jimenez  New  York  state  military
     4  immigrant  family  legacy  program  which shall be jointly developed and
     5  implemented  by  the  director  of  veterans'  services and the adjutant
     6  general of the division of military and naval affairs,  in  consultation
     7  with  the office for new Americans established pursuant to section nine-
     8  ty-four-b of this chapter, and in accordance with the provisions of this
     9  section. The primary purpose of the program shall be to assist  intended
    10  recipients  to  secure  legal  immigration  status in the United States,
    11  including but not limited to, citizenship.
    12    3. Two military immigrant family legacy program coordinators shall  be
    13  appointed,  one  appointed by the director of veterans' services and one
    14  by the adjutant general of the division of military and  naval  affairs,
    15  to  administer  the  program.  Each  coordinator shall be a veteran. The
    16  coordinators' duties shall include, but not be limited to:
    17    (a) assisting intended recipients who may qualify  for  adjustment  of
    18  status,  special  immigration status through the federal Parole in Place
    19  program authorized by section 1758 of the 2020 National Defense Authori-
    20  zation Act, or any other sort of relief that can lead to citizenship.
    21    (b) communication with the director  of  veterans'  services  and  the
    22  adjutant  general  and  the  office for new Americans regarding existing
    23  policies and regulations pertaining to the needs of intended  recipients
    24  and  to  make  recommendations regarding the improvement of benefits and
    25  services to such intended recipients.
    26    (c) serving as liaison between the divisions, the United States  citi-
    27  zenship  and  immigration services, immigration and customs enforcement,
    28  the United  States  department  of  veterans  affairs,  local  veterans'
    29  service agencies, state agencies, community groups, advocates, and other
    30  veterans and military organizations and interested parties.
    31    (d) consulting with qualified immigration attorneys or duly authorized
    32  board of immigration appeals approved representatives to facilitate such
    33  coordination with the United States citizenship and immigration services
    34  or other appropriate agency.
    35    (e) advocating for intended recipients.
    36    (f)  developing  and  maintaining  a clearinghouse for information and
    37  resources relating to the program.
    38    (g) promoting events and activities that educate and  assist  intended
    39  recipients,  including  but not limited to, veteran human rights confer-
    40  ences, veterans benefit and resources events.
    41    (h) including the contributions that intended recipients have made  on
    42  behalf  of  the  United States and this state on the division's official
    43  website.
    44    (i) developing information to be  made  available  to  congressionally
    45  chartered veterans' organizations, and local veterans' services agencies
    46  to  provide a general overview of the program, including but not limited
    47  to, its purpose and  the  eligibility  requirements  for  adjustment  of
    48  status, citizenship, or any other form of available relief.
    49    (j)  preparing  reports  on  topics, including but not limited to, the
    50  demographics of intended recipients, the number of such intended recipi-
    51  ents by county, and the unique needs of the intended  recipients  within
    52  New  York state to the director, the adjutant general of the division of
    53  military and naval affairs and the office for new Americans.
    54    4. The coordinators shall submit a report to the director and  to  the
    55  adjutant  general of the division of military and naval affairs on Janu-
    56  ary first each year following the first full year  after  the  effective

        A. 4660--A                          3

     1  date  of this section. Such report shall include, but not be limited to,
     2  a description of the coordinators' activities for the preceding calendar
     3  year. The director shall submit the  report  to  the  governor  and  the
     4  legislature  in  accordance with the provisions of section three hundred
     5  fifty-three of this article. The adjutant general  of  the  division  of
     6  military  and  naval affairs shall submit the report to the governor and
     7  the legislature in accordance with the provisions of section one hundred
     8  sixty-four of this chapter.
     9    § 2. Section 353 of the executive law  is  amended  by  adding  a  new
    10  subdivision 19-a to read as follows:
    11    19-a.  To  encourage the development of and provide for the establish-
    12  ment of a state military immigrant family legacy program coordinator, as
    13  provided in section three hundred fifty-four-f of this article.
    14    § 3. The military law is amended by adding a new section 255  to  read
    15  as follows:
    16    §  255.  State  military  immigrant family legacy program support. The
    17  adjutant general shall encourage the development of and provide for  the
    18  establishment  of a state military immigrant family legacy program coor-
    19  dinator, as provided in section three hundred fifty-four-f of the execu-
    20  tive law.
    21    § 4. Paragraph (l) of subdivision 5 of section 94-b of  the  executive
    22  law,  as added by chapter 206 of the laws of 2014, is amended to read as
    23  follows:
    24    (l) (i) Coordinate with other state agencies and otherwise marshal the
    25  resources of the state to serve the needs of immigrants, and (ii) advise
    26  the state military immigrant family legacy program coordinators pursuant
    27  to section three hundred fifty-four-f of this chapter;
    28    § 5. This act shall take effect on the ninetieth day  after  it  shall
    29  have become a law.
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