BILL NUMBER: S3475

SPONSOR: STAVISKY
 
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, pursu-
ant to court order, or as required in connection with tuition or finan-
cial aid eligibility.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Article 8 of the Education law is amended and a new section
355-d 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 ques-
tions 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
6206-a 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 targeted by the ban,
as well as whether the student had proper immigration status or was
undocumented. Additionally, SUNY and CUNY would be prohibited from
assisting the federal government in enforcing federal immigration laws
unless such participation was expressly required as a lawful and related
condition of receiving federal higher education funds.

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, regard less 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:

2017-2018: A.6558/S.4079 - Referred to Higher Education.

2019-2020: A.5273-A/S.2550-A - Amend and recommit to Higher Education.

2021-2022: A.No same as/S.2778 - Sent to Assembly.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.