BILL NUMBER:  S4079        Revised 2/13/17

 TITLE OF BILL :  An act to amend the education law, in relation to
immigration status of registered students

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation would make it unlawful for any employee or officer of
the city or state university to request the specific details of a
student's immigration status except when required by federal law,
pursuant to court order, or as required in connection with tuition or
financial aid eligibility.

 SUMMARY OF PROVISIONS :

Section 1. Article 5 of the Education law is amended and a new section
224-B is added which outlines circumstances under which immigration
status may be requested. The Board of Trustees of the city and state
university will promulgate standards for all colleges and universities
within the system to insure that a student shall not be asked any
questions on immigration status other than any information required by
subdivision one of this act. In no case shall anyone be required to
provide any information on a student's lawful immigration status, as a
refugee, or as an immigrant from any specific nation.

Section 2. Article 125 of the Education Law is amended and a new
              

section 6204-B is added with the same wording as in Section 1.

Section 3. Severability. If any part of this act is judged by any
court of competent jurisdiction to be invalid after exhaustive
judicial review, it will not affect, impair or invalidate the
remainder of the act but will be confined only to the portion directly
involved in the controversy in which judgment shall have been
rendered.

 JUSTIFICATION :

This proposal prohibits SUNY and CUNY employees from inquiring about a
student's immigration status in order to prevent the federal
government from deporting immigrant students. It would neutralize
efforts to require universities to compile data regarding the number
of foreign students, their countries of origin, and the programs in
which they are enrolled. SUNY and CUNY would be prohibited from
determining if a student was from a specific Muslim-majority nation,
whether the student had proper immigration status or was undocumented.
Additionally, SUNY and CUNY would be prohibited from participating in
any federal immigration laws unless such participation was expressly
required as a lawful and related condition of receiving federal higher
education loans.

New York has always been a progressive leader in human rights. As a
nation of immigrants, our diversity is what has made us a world leader
and New York must reaffirm its commitment to all people, regardless of
race, religion or national origin. Students, wherever they come from
and regardless of their immigration status, must be free to study
unfettered by the fear that they might end up on a deportation list
developed by the very university at which they are studying.

SUNY has an estimated 22,140 international students with 320 from the
seven countries on the travel ban list. CUNY has 8,881 foreign
students with 120 who would be affected by the travel ban.

Our institutions of higher learning should focus on educating future
generations of New Yorkers who will improve our state and grow our
economy - not prosecuting students based on their religion or

nationality. SUNY and CUNY schools must remain places of dignified
higher learning, not mechanisms to spy on students.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.