S T A T E O F N E W Y O R K
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3586--A
Cal. No. 1087
2023-2024 Regular Sessions
I N S E N A T E
February 1, 2023
___________
Introduced by Sens. FERNANDEZ, ADDABBO, ASHBY, MATTERA, MAYER, RAMOS,
RHOADS, STEC -- read twice and ordered printed, and when printed to be
committed to the Committee on Veterans, Homeland Security and Military
Affairs -- committee discharged and said bill committed to the Commit-
tee on Rules -- reported favorably from said committee, ordered to a
third reading, passed by Senate and delivered to the Assembly,
recalled, vote reconsidered, restored to third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the veterans' services law, the military law and the
executive law, in relation to establishing the Alex R. Jimenez New
York state military immigrant family legacy program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The veterans' services law is amended by adding a new
section 29-b to read as follows:
§ 29-B. STAFF SERGEANT ALEX R. JIMENEZ NEW YORK STATE MILITARY IMMI-
GRANT FAMILY LEGACY PROGRAM. 1. FOR THE PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "UNIFORMED SERVICE MEMBER" SHALL MEAN A MEMBER OF THE ARMY, NAVY,
AIR FORCE, SPACE CORPS, MARINE CORPS, COAST GUARD, PUBLIC HEALTH SERVICE
COMMISSIONED CORPS, OR NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS SERVING ON ACTIVE DUTY.
(B) "THE PROGRAM" SHALL MEAN THE STAFF SERGEANT ALEX R. JIMENEZ MILI-
TARY IMMIGRANT FAMILY LEGACY PROGRAM.
(C) "COORDINATOR" SHALL MEAN AN EMPLOYEE OF THE DEPARTMENT APPOINTED
BY THE COMMISSIONER, OR AN EMPLOYEE OF THE DIVISION OF MILITARY AND
NAVAL AFFAIRS APPOINTED BY THE ADJUTANT GENERAL, TO SERVE AS A MILITARY
IMMIGRANT FAMILY LEGACY PROGRAM COORDINATOR PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
(D) "VETERAN" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN
SECTION ONE OF THIS ARTICLE AND SHALL ALSO INCLUDE ANY VETERAN WITH A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07478-05-3
S. 3586--A 2
QUALIFYING CONDITION, AS DEFINED IN SECTION ONE OF THIS ARTICLE, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION ONE OF
THIS ARTICLE, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE.
(E) "INTENDED RECIPIENTS" SHALL MEAN UNIFORMED SERVICE MEMBERS, VETER-
ANS, RESERVE COMPONENT MEMBERS AND THEIR FAMILY MEMBERS.
(F) "RESERVE COMPONENT MEMBERS" SHALL MEAN THOSE SERVING IN THE ARMY
RESERVE, NAVY RESERVE, MARINE CORPS RESERVE, THE ARMY NATIONAL GUARD,
THE AIR NATIONAL GUARD, OR RESERVE CORPS OF THE PUBLIC HEALTH SERVICE
DURING THE TIME THE UNIT WAS FEDERALLY RECOGNIZED AS A RESERVE COMPO-
NENT.
2. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT, IN CONJUNCTION
WITH THE DIVISION OF MILITARY AND NAVAL AFFAIRS, THE STAFF SERGEANT ALEX
R. JIMENEZ NEW YORK STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM WHICH
SHALL BE JOINTLY DEVELOPED AND IMPLEMENTED BY THE COMMISSIONER AND THE
ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS, IN
CONSULTATION WITH THE OFFICE FOR NEW AMERICANS ESTABLISHED PURSUANT TO
SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW, AND IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. THE PRIMARY PURPOSE OF THE PROGRAM SHALL BE
TO ASSIST INTENDED RECIPIENTS TO SECURE LEGAL IMMIGRATION STATUS IN THE
UNITED STATES, INCLUDING BUT NOT LIMITED TO, CITIZENSHIP.
3. TWO MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATORS SHALL BE
APPOINTED, ONE APPOINTED BY THE COMMISSIONER AND ONE BY THE ADJUTANT
GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS, TO ADMINISTER THE
PROGRAM. EACH COORDINATOR SHALL BE A VETERAN. THE COORDINATORS' DUTIES
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) ASSISTING INTENDED RECIPIENTS, WHO MAY QUALIFY FOR ADJUSTMENT OF
STATUS, SPECIAL IMMIGRATION STATUS THROUGH THE FEDERAL PAROLE IN PLACE
PROGRAM AUTHORIZED BY SECTION 1758 OF THE 2020 NATIONAL DEFENSE AUTHORI-
ZATION ACT, OR ANY OTHER SORT OF IMMIGRATION RELIEF, INCLUDING RELIEF
THAT CAN LEAD TO CITIZENSHIP, IN SECURING LEGAL REPRESENTATION OR
CONSULTATION BY QUALIFIED IMMIGRATION ATTORNEYS OR DULY AUTHORIZED BOARD
OF IMMIGRATION APPEALS REPRESENTATIVES AS MAY BE NECESSARY TO OBTAIN
SUCH RELIEF.
(B) COMMUNICATING WITH THE COMMISSIONER AND THE ADJUTANT GENERAL AND
THE OFFICE FOR NEW AMERICANS REGARDING EXISTING POLICIES AND REGULATIONS
PERTAINING TO THE NEEDS OF INTENDED RECIPIENTS AND TO MAKE RECOMMENDA-
TIONS REGARDING THE IMPROVEMENT OF BENEFITS AND SERVICES TO SUCH
INTENDED RECIPIENTS.
(C) SERVING AS LIAISON BETWEEN THE DEPARTMENT AND THE DIVISION OF
MILITARY AND NAVAL AFFAIRS, THE UNITED STATES CITIZENSHIP AND IMMI-
GRATION SERVICES, IMMIGRATION AND CUSTOMS ENFORCEMENT, THE UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS, THE UNITED STATES DEPARTMENT OF DEFENSE,
LOCAL VETERANS' SERVICE AGENCIES, STATE AGENCIES, COMMUNITY GROUPS,
ADVOCATES, AND OTHER VETERANS AND MILITARY ORGANIZATIONS AND INTERESTED
PARTIES FOR THE PURPOSE OF COORDINATING EFFORTS TO PROVIDE IMMIGRATION
RELIEF TO INTENDED RECIPIENTS.
(D) CONSULTING WITH QUALIFIED IMMIGRATION ATTORNEYS OR DULY AUTHORIZED
BOARD OF IMMIGRATION APPEALS APPROVED REPRESENTATIVES TO FACILITATE SUCH
COORDINATION WITH THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
OR OTHER APPROPRIATE AGENCY.
(E) ADVOCATING FOR INTENDED RECIPIENTS.
(F) DEVELOPING AND MAINTAINING A CLEARINGHOUSE FOR INFORMATION AND
RESOURCES RELATING TO THE PROGRAM AS WELL AS OTHER FEDERAL, STATE, LOCAL
S. 3586--A 3
AND NON-PROFIT PROGRAMS THAT MAY OFFER ASSISTANCE TO INTENDED RECIPIENTS
IN IMMIGRATION MATTERS.
(G) PROMOTING EVENTS AND ACTIVITIES THAT EDUCATE AND ASSIST INTENDED
RECIPIENTS, INCLUDING BUT NOT LIMITED TO, VETERAN HUMAN RIGHTS CONFER-
ENCES, VETERANS BENEFIT AND RESOURCES EVENTS.
(H) INCLUDING THE CONTRIBUTIONS THAT INTENDED RECIPIENTS HAVE MADE ON
BEHALF OF THE UNITED STATES AND THIS STATE ON THE DEPARTMENT'S OFFICIAL
WEBSITE.
(I) DEVELOPING INFORMATION TO BE MADE AVAILABLE TO CONGRESSIONALLY
CHARTERED VETERANS' ORGANIZATIONS, AND LOCAL VETERANS' SERVICES AGENCIES
TO PROVIDE A GENERAL OVERVIEW OF THE PROGRAM, INCLUDING BUT NOT LIMITED
TO, ITS PURPOSE AND THE ELIGIBILITY REQUIREMENTS FOR ADJUSTMENT OF
STATUS, CITIZENSHIP, OR ANY OTHER FORM OF AVAILABLE RELIEF.
(J) PREPARING REPORTS ON TOPICS, INCLUDING BUT NOT LIMITED TO, THE
DEMOGRAPHICS OF INTENDED RECIPIENTS RESIDING IN THE STATE, INCLUDING THE
NUMBER OF SUCH INTENDED RECIPIENTS BY COUNTY, AN ESTIMATE OF HOW MANY
MAY BE ELIGIBLE FOR NATURALIZATION, AND THE UNIQUE NEEDS OF THE INTENDED
RECIPIENTS WITHIN NEW YORK STATE TO THE COMMISSIONER, THE ADJUTANT
GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS AND THE OFFICE FOR
NEW AMERICANS.
4. THE COORDINATORS SHALL SUBMIT A REPORT TO THE COMMISSIONER AND TO
THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS ON
JANUARY FIRST EACH YEAR FOLLOWING THE FIRST FULL YEAR AFTER THE EFFEC-
TIVE DATE OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
TO, A DESCRIPTION AND EVALUATION OF THE COORDINATORS' ACTIVITIES FOR THE
PRECEDING CALENDAR YEAR AS WELL AS ANY RECOMMENDATIONS FOR FUTURE
PROGRAMMATIC CHANGES. THE COMMISSIONER SHALL SUBMIT THE REPORT TO THE
GOVERNOR AND THE LEGISLATURE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION FOUR OF THIS ARTICLE. THE ADJUTANT GENERAL OF THE DIVISION OF
MILITARY AND NAVAL AFFAIRS SHALL SUBMIT THE REPORT TO THE GOVERNOR AND
THE LEGISLATURE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED
SIXTY-FOUR OF THE EXECUTIVE LAW.
§ 2. Section 4 of the veterans' services law is amended by adding a
new subdivision 38 to read as follows:
38. TO ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR THE ESTABLISHMENT
OF A STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATOR, AS
PROVIDED IN SECTION TWENTY-NINE-B OF THIS ARTICLE.
§ 3. The military law is amended by adding a new section 256 to read
as follows:
§ 256. STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM SUPPORT. THE
ADJUTANT GENERAL SHALL ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR THE
ESTABLISHMENT OF A STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COOR-
DINATOR, AS PROVIDED IN SECTION TWENTY-NINE-B OF THE VETERANS' SERVICES
LAW.
§ 4. Paragraph (l) of subdivision 5 of section 94-b of the executive
law, as added by chapter 206 of the laws of 2014, is amended to read as
follows:
(l) (I) Coordinate with other state agencies and otherwise marshal the
resources of the state to serve the needs of immigrants, AND (II) ADVISE
THE STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATORS PURSUANT
TO SECTION TWENTY-NINE-B OF THE VETERANS' SERVICES LAW;
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.