Bill Text: NY S04079 | 2017-2018 | 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 11-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HIGHER EDUCATION [S04079 Detail]

Download: New_York-2017-S04079-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4079
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 2, 2017
                                       ___________
        Introduced by Sens. STAVISKY, PERSAUD -- 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 224-b
     2  to read as follows:
     3    § 224-b. 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 regents 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  6204-b  to
    17  read as follows:
    18    § 6204-b. 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.
                                                                   LBD09673-01-7

        S. 4079                             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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