NY State Senate Bill 2017-S8374

Senate Bill S8374

2017-2018 Legislative Session

Relates to permitting individuals enrolled in the federal deferred action for childhood arrivals program to apply for professional licenses

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2018	referred to higher education

2017-S8374 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1704
2021-2022: S3064
2023-2024: S6281

2017-S8374 (ACTIVE) - Summary

Relates to permitting individuals enrolled in the federal deferred action for childhood arrivals program to apply for professional licenses.

2017-S8374 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8374

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the education law, in relation to
permitting individuals enrolled in the federal deferred action for
childhood arrivals program to apply for professional licenses

 
PURPOSE OR GENERAL IDEA OF THE BILL:

Relates to permitting individuals enrolled in the federal deferred
action for childhood arrivals program to apply for professional
licenses.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Section 6501 of the education law is amended by adding a new
subdivision 3 to read as follows: Notwithstanding any provision of law
to the contrary, a qualified applicant shall include individuals
enrolled in the federal deferred action for childhood arrivals program
who meets all additional requirements prescribed for in the article for
such particular profession.

Section 2: Subdivision 6 of section 6524 of the education law, as
amended by chapter 379 of the laws of 2008, is amended to read as
follows Citizenship or immigration status: be a United States citizen,
an individual enrolled in the federal deferred action for childhood
arrivals program, or an alien lawfully admitted for permanent residence
in the United States; provided, however that the board of regents may
grant a three year waiver for an alien physician to practice in an area
which has been designated by the department as medically underserved,
except that the board of regents may grant additional extension not to
exceed six years to an alien physician to enable him or her to secure
citizenship or permanent resident status, provided such status is being
actively pursued; and provided further that the board of regents may
grant an additional three year waiver, and at its expiration, an exten-
sion for a period not to exceed six additional years, for the holder of
an H-1b visa, an 0-1 visa, or an equivalent or successor visa thereto;

Section 3: This act shall take effect immediately.

 
JUSTIFICATION:

As a general rule, state law and state licensing boards govern the
eligibility requirements for professional licenses, including immi-
gration status. However, federal law prohibits undocumented immigrants
from obtaining professional licenses, unless a state specifically enacts
legislation that permits an undocumented immigrant to obtain a profes-
sional license. A professional license authorizes practitioners of
certain professions, such as medicine, law, social work, and cosmetology
to work in a given industry. The licensing process exists to regulate a
standard of skill and quality of service. Requirements to successfully
gain a professional license vary between industries and states, and can
consist of a combination of written examinations, demonstrated work
experience and higher education.

Currently, ten states, including the state of California, allows some
populations of undocumented immigrants to become professionally licensed
in all or some occupations. For example, in California, undocumented
immigrants can get any of 40 professional licenses available under state
law so long as they meet all other eligibility requirements, and they
can produce a federal individual Taxpayer Identification Number (ITIN)
rather than a Social Security number (SSN).

There are many benefits associated with permitting professional licenses
to individuals enrolled in the federal deferred action for childhood
arrivals program to apply for professional licenses. These benefits
consist of boosting State economy, allowing immigrants to fill job
demands, allowing the State to benefit from educational investments, and
promoting economic self-sufficiency within immigrant communities.

Granting professional licenses to undocumented immigrants would boost
state economy. The United States' 42 million immigrants make rich
economic and social contributions to communities across the country. Our
country currently has a strong and well educated immigrant work force.
Nearly 24% of community college students have an immigrant background,
and 41% of arriving immigrants hold at least a bachelor's degree,.
Another study reported that undocumented immigrants in Texas who were
employed in various industries in 2014 contributed nearly 1 billion
dollars in state and local taxes. The increase in wages that would
result from fully employing highly-skilled immigrant professionals could
add millions of dollars in tax revenues.

Allowing Immigrants to obtain processional licenses will fill Job
Demands. Many of the areas where professional licenses are required
include high-paying and high-demand jobs. Jobs in areas such as the
medical field or engineering represent high-earning positions that are
currently vacant in certain parts of the country as there are not enough
current college graduates entering these fields. Granting professional
licenses to undocumented college graduates would allow these jobs to be
filled and contribute to the state's workforce.

Allowing Immigrants to obtain professional licenses will benefit New
York States educational investment. Prior educational investment is the
crux of many arguments in support of expanding access to higher educa-
tion and professional licensing to undocumented students educated in
public schools across the country. Granting professional licenses to
undocumented students who have benefited from American public education
allows them to join the workforce and contribute to the state's economy
thus allowing the state to get a return on its investment.

Lastly, allowing immigrants to obtain processional licenses will promote
economic self-sufficiency within immigrant communities.  Granting
professional licenses to undocumented immigrants would empower immi-
grants to become economically self-sufficient and allow them to partic-
ipate in the development of their communities.

Undocumented immigrant youth represent a largely untapped source of
talent. They have gone through the U.S. public school system but, until
recently, many have been stymied in their quest for higher education and
relevant careers because they have not been eligible for in-state
tuition at public colleges and universities, putting higher education
out of reach financially. Even for those who could obtain a degree, work
in their chosen field was not available to them due to their current
status.

 
PRIOR LEGISLATIVE HISTORY:

No prior legislative history.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None

 
EFFECTIVE DATE:
Immediately.

2017-S8374 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8374
 
                             I N  S E N A T E
 
                                May 3, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 permitting individuals
   enrolled in the federal deferred action for childhood arrivals program
   to apply for professional licenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6501 of the education law is amended  by  adding  a
 new subdivision 3 to read as follows:
   3.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A QUALIFIED
 APPLICANT SHALL INCLUDE INDIVIDUALS ENROLLED  IN  THE  FEDERAL  DEFERRED
 ACTION  FOR CHILDHOOD ARRIVALS PROGRAM WHO MEETS ALL ADDITIONAL REQUIRE-
 MENTS PRESCRIBED FOR IN THE ARTICLE FOR SUCH PARTICULAR PROFESSION.
   § 2. Subdivision 6 of section 6524 of the education law, as amended by
 chapter 379 of the laws of 2008, is amended to read as follows:
   (6) Citizenship or immigration status: be a United States citizen , AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or an alien lawfully admitted for permanent residence
 in the United States; provided, however that the board  of  regents  may
 grant  a three year waiver for an alien physician to practice in an area
 which has been designated by the department  as  medically  underserved,
 except  that  the board of regents may grant an additional extension not
 to exceed six years to an alien physician to enable him or her to secure
 citizenship or permanent resident status, provided such status is  being
 actively  pursued;  and  provided  further that the board of regents may
 grant an additional three year waiver, and at its expiration, an  exten-
 sion  for a period not to exceed six additional years, for the holder of
 an H-1b visa, an O-1 visa, or an equivalent or successor visa thereto;
   § 3. Subdivision 6 of section 6554 of the education law, as amended by
 chapter 133 of the laws of 1982, is amended to read as follows:
   (6) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or an alien lawfully admitted for permanent  residence
 in the United States;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15590-01-8

 S. 8374                             2
 
   § 4. Subdivision 6 of section 6604 of the education law, as amended by
 chapter 403 of the laws of 2002, is amended to read as follows:
   (6)  Citizenship or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or an alien lawfully admitted for permanent residence
 in the United States; provided, however, that the board of  regents  may
 grant  a three year waiver for an alien to practice in an area which has
 been designated a  federal  dental  health  professions  shortage  area,
 except  that  the board of regents may grant an additional extension not
 to exceed six years to an alien to enable him or her to secure  citizen-
 ship or permanent resident status, provided such status is being active-
 ly pursued;
   § 5. Subdivision 6 of section 6609 of the education law, as amended by
 chapter 403 of the laws of 2002, is amended to read as follows:
   (6)  Citizenship or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or an alien lawfully admitted for permanent residence
 in the United States; provided, however, that the board of  regents  may
 grant  a three year waiver for an alien to practice in an area which has
 been designated a  federal  dental  health  professions  shortage  area,
 except  that  the board of regents may grant an additional extension not
 to exceed six years to an alien to enable him or her to secure  citizen-
 ship or permanent resident status, provided such status is being active-
 ly pursued;
   § 6. Subdivision 6 of section 6704 of the education law, as amended by
 chapter 201 of the laws of 2007, is amended to read as follows:
   (6)  Citizenship or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or an alien lawfully admitted for permanent residence
 in the United States; provided, however that the board  of  regents  may
 grant  a  one-time  three-year  waiver  for a veterinarian who otherwise
 meets the requirements of this article and who has accepted an offer  to
 practice  veterinary medicine in a county in the state which the depart-
 ment has certified as having a shortage of qualified applicants to  fill
 existing vacancies in veterinary medicine, and provided further that the
 board of regents may grant an extension of such three-year waiver of not
 more than one year;
   § 7. Subdivision 6 of section 6711 of the education law, as amended by
 chapter 80 of the laws of 2000, is amended to read as follows:
   6.  Citizenship  or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or an alien lawfully admitted for permanent residence
 in the United States; provided, however that the board  of  regents  may
 grant  a  one-time three-year waiver for an animal health technician who
 otherwise meets the requirements of this article  and  provided  further
 that  the  board  of  regents  may grant an extension of such three-year
 waiver of not more than one year;
   § 8. Paragraph 6 of subdivision 1 of section  6805  of  the  education
 law,  as  amended by chapter 133 of the laws of 1982, is amended to read
 as follows:
   (6) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or an alien lawfully admitted for permanent  residence
 in the United States;
   §  9.  Subdivision 6 of section 6955 of the education law, as added by
 chapter 327 of the laws of 1992, is amended to read as follows:

 S. 8374                             3
 
   6. Citizenship or immigration status: be a United States  citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or an alien lawfully admitted for permanent  residence
 in the United States.
   §  10.  Paragraph  6 of subdivision 1 of section 7206 of the education
 law, as amended by chapter 133 of the laws of 1982, is amended  to  read
 as follows:
   (6)  Citizenship or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or an alien lawfully admitted for permanent residence
 in the United States;
   § 11. Paragraph 6 of subdivision 1 of section 7206-a of the  education
 law,  as  amended by chapter 133 of the laws of 1982, is amended to read
 as follows:
   (6) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or an alien lawfully admitted for permanent  residence
 in the United States;
   §  12.  Paragraph  6 of subdivision 1 of section 7324 of the education
 law, as amended by chapter 133 of the laws of 1982, is amended  to  read
 as follows:
   (6)  Citizenship or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or an alien lawfully admitted for permanent residence
 in the United States;
   § 13. Paragraph 6 of subdivision 1 of section 7504  of  the  education
 law,  as  amended by chapter 133 of the laws of 1982, is amended to read
 as follows:
   (6) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or an alien lawfully admitted for permanent  residence
 in the United States;
   §  14.  Subdivision 5 of section 7804 of the education law, as amended
 by chapter 230 of the laws of 1997, is amended to read as follows:
   (5) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or an alien lawfully admitted for permanent  residence
 in the United States;
   §  15.  This  act shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized and directed to be made
 and completed on or before such effective date.

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