Bill Text: NY A05273 | 2019-2020 | General Assembly | Amended


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 10-0)

Status: (Introduced - Dead) 2020-05-22 - print number 5273a [A05273 Detail]

Download: New_York-2019-A05273-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5273--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2019
                                       ___________

        Introduced  by M. of A. ROZIC, BLAKE, D'URSO, JEAN-PIERRE, WEPRIN, CRES-
          PO, SIMON, HYNDMAN -- Multi-Sponsored by -- M. of A. CAHILL, HEVESI --
          read once and referred to the Committee on Higher Education --  recom-
          mitted  to the Committee on Higher Education in accordance with Assem-
          bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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-d
     2  to read as follows:
     3    § 355-d. 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01133-05-0

        A. 5273--A                          2

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