Bill Text: NY S03475 | 2023-2024 | General Assembly | Introduced


Bill Title: Mandates that no employee or officer of the university shall determine the specific details of a student's immigration status except when required by federal law, pursuant to a court order or as required in connection with tuition or financial aid eligibility.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S03475 Detail]

Download: New_York-2023-S03475-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3475

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        AN ACT to amend the education law, in relation to immigration status  of
          registered students

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

     1    Section 1. The education law is amended by adding a new section  355-f
     2  to read as follows:
     3    §  355-f. Immigration status of registered students. 1.  Notwithstand-
     4  ing any provision of law to the contrary, no employee or officer of  the
     5  university  shall  determine  the  specific details of a student's immi-
     6  gration status except when required by federal law, pursuant to a  court
     7  order  or as required in connection with tuition or financial aid eligi-
     8  bility.
     9    2. The board of trustees shall promulgate standards for  all  colleges
    10  and universities within the system to ensure that a student shall not be
    11  asked any questions on immigration status other than any required deter-
    12  mination as required by subdivision one of this section that the student
    13  is  an  immigrant. In no case shall a student be required to provide any
    14  information on a student's lawful immigration status, status as a  refu-
    15  gee, or status as an immigrant from any specific nation.
    16    §  2.  The  education law is amended by adding a new section 6206-a to
    17  read as follows:
    18    § 6206-a. Immigration status of registered students. 1.  Notwithstand-
    19  ing any provision of law to the contrary, no employee or officer of  the
    20  university  shall  determine  the  specific details of a student's immi-
    21  gration status except when required by federal law, pursuant to a  court
    22  order  or as required in connection with tuition or financial aid eligi-
    23  bility.
    24    2. The board of regents shall promulgate standards  for  all  colleges
    25  and universities within the system to ensure that a student shall not be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08308-01-3

        S. 3475                             2

     1  asked any questions on immigration status other than any required deter-
     2  mination as required by subdivision one of this section that the student
     3  is  an  immigrant. In no case shall a student be required to provide any
     4  information  on a student's lawful immigration status, status as a refu-
     5  gee, or status as an immigrant from any specific nation.
     6    § 3. Severability. If any clause, sentence, paragraph, section or part
     7  of this act shall be adjudged by any court of competent jurisdiction  to
     8  be invalid and after exhaustion of all further judicial review the judg-
     9  ment  shall  not be deemed to affect, impair or invalidate the remainder
    10  thereof, but shall be confined in its operation to the clause, sentence,
    11  paragraph, section or part of this act directly involved in the  contro-
    12  versy in which the judgement shall have been rendered.
    13    § 4. This act shall take effect immediately.
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