BILL NUMBER:  S218A       REVISED MEMO 04/25/2016

 TITLE OF BILL :  An act to amend the education law, in relation to
institutional requirements regarding nonimmigrant students

 PURPOSE :

Provides that institutions of higher education shall compile reports
regarding foreign students enrolled in such institutions.

This bill will require degree granting institutions in New York State
who accept foreign students to report to the State Police whenever a
foreign student has failed to maintain his or her legitimate status as
a foreign student at that institution. Currently, foreign students
that are no longer attending school or have failed to register or
appear for classes are in violation of their student visa. Current law
requires that the institution report this information to the U.S.
Department of Homeland Security. Although this becomes known to the
United States Department of Homeland Security, the college is not
required to make a proactive report to New York State enforcement
authorities.

The bill also requires a compilation of statistical data regarding the
number of foreign students at each college in New York State and the
programs in which they are enrolled. Amendments to the bill make clear
that the police may only contact the federal authorities should they
              

encounter reported individuals. In addition, it makes clear that only
statistical data should be collected, not names, addresses or other
information linked in any way to an individual.

 SUMMARY OF PROVISIONS :

Section 1 provides that designated institutional officials report the
failure of a nonimmigrant students with a (F-1), (F-2), (M-1) or (M-2)
visa to register or report for classes pursuant to federal law and to
the New York State Police. Additionally, section 1 provides that the
State Police shall notify federal authorities upon encountering such a
reported person, but shall not hold that person without reasonable
suspicion that individual poses a direct threat to the safety of the
citizens of the state.

Section 2 provides that every institution of higher education in New
York State shall maintain an updated document, for each academic term,
for enrolled nonimmigrant students containing the following
information: the number of graduate and undergraduate students by
country of origin; and the number of students enrolled by degree
program and country of origin.

Section 3 provides that the data collected pursuant to section 2 be
maintained in an electronic form which shall be submitted annually to
the department within ninety days of the end of each academic year.
Such information shall not include any identifying student
information.

Section 4 provides the State Education Department shall produce a
report, available upon request, summarizing the data provided in the
aforementioned sections.

Section 5 provides that the commissioner, if it has been deemed an
institution has violated the provisions of this section, is authorized
to, after providing the institution with notice and the opportunity
for a hearing, impose corrective actions and/or fines not exceeding
one thousand dollars per violation, or in the case of a repeated
violation, not to exceed two thousand dollars. Additionally, a second
instance of violation shall be reported by the commissioner to the US
Department of Homeland Security.
 EXISTING LAW :

Federal law requires institutions of higher education to report to the
Department of Homeland Security if a nonimmigrant student fails to
register or report for classes.

 JUSTIFICATION :

New York State's colleges and universities have a long and proud
tradition of international cooperation and collaboration. New York
currently hosts 128,308 students on F and M visas from countries
around the world, providing them with a superior education in every
conceivable subject. New York State hosts the third highest number of
international students (over 130,000) each year among US states.
However, the events of September 11, 2001 and in San Bernardino,
California on December 2, 2015 have highlighted security concerns
related to undocumented nonimmigrant persons in the United States.

The Department of Homeland Security will provide over $52 million in
funding to New York State to prevent, protect against, respond to, and
recover from acts of terrorism and disasters. In 2015, there were more
threats against the United States than in the previous three years
combined. Additionally, 26 student visa holders have been arrested in
the U.S. on terror-related charges since 2001. In December 2015, the
New York Daily News reported that New York leads the nation in
ISIS-related arrests. Further, two previous directors of the FBI noted
the need for more cooperative measures in combating terrorism at home.

Colleges and universities who host students are currently required to
notify the Department of Homeland Security of a nonimmigrant students
fails to register or report for classes; this legislation extends that
notification to New York State Police, and requires institutions of
higher education to maintain a database of the number of foreign
students at each college and the programs in which they are enrolled.

 LEGISLATIVE HISTORY :

2015: S.218 - Referred to Higher Education

 FISCAL IMPLICATIONS :

None. All of the information required to be collected is already being
collected as required by federal law. The cost of filing the
information in electronic form is minimal. The cost of reporting those
very few students who have failed to comply with student visa rules
and regulations is minimal.

 EFFECTIVE DATE :
This act shall take effect on the first of August next succeeding the
date on which it shall have become law.