S T A T E O F N E W Y O R K
________________________________________________________________________
8119--C
Cal. No. 1496
I N S E N A T E
January 8, 2024
___________
Introduced by Sens. FERNANDEZ, ASHBY, CANZONERI-FITZPATRICK, HELMING,
ROLISON, WEBER -- read twice and ordered printed, and when printed to
be committed to the Committee on Veterans, Homeland Security and Mili-
tary Affairs -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged and said bill committed to the
Committee 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 FORCE, 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) "LIAISON" SHALL MEAN AN EMPLOYEE OF THE OFFICE FOR NEW AMERICANS
DESIGNATED BY THE DIRECTOR OF THE OFFICE FOR NEW AMERICANS, AN EMPLOYEE
OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS DESIGNATED BY THE ADJUTANT
GENERAL, OR THE DEPARTMENT DESIGNATED BY THE COMMISSIONER, TO SERVE AS A
MILITARY IMMIGRANT FAMILY LEGACY PROGRAM LIAISON PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07478-12-4
S. 8119--C 2
(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
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 OFFICE FOR NEW AMERICANS THE
STAFF SERGEANT ALEX R. JIMENEZ NEW YORK STATE MILITARY IMMIGRANT FAMILY
LEGACY PROGRAM. THE COMMISSIONER AND ADJUTANT GENERAL SHALL DESIGNATE
ONE OR MORE STAFF AS LIAISONS TO THE OFFICE FOR NEW AMERICANS WHO SHALL
REFER ANY INTENDED RECIPIENT, ALIVE OR DECEASED, IN NEED OF ASSISTANCE
WITH AN IMMIGRATION MATTER TO THE OFFICE FOR NEW AMERICANS. THE OFFICE
FOR NEW AMERICANS SHALL DESIGNATE ONE OR MORE STAFF TO BE LIAISONS WITH
THE DEPARTMENT AND THE DIVISION OF MILITARY AND NAVAL AFFAIRS WHO SHALL
RECEIVE AND COORDINATE SUCH REFERRALS FROM THE DEPARTMENT AND THE DIVI-
SION OF MILITARY AND NAVAL AFFAIRS AND SECURE LEGAL ASSISTANCE UNDER
EXISTING OFFICE FOR NEW AMERICANS LEGAL SERVICES FOR INTENDED RECIPI-
ENTS. 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. THE DUTIES OF THE LIAISONS AT THE OFFICE FOR NEW AMERICANS SHALL
INCLUDE:
(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) SERVING AS LIAISON BETWEEN THE DEPARTMENT AND THE DIVISION OF
MILITARY AND NAVAL AFFAIRS, THE UNITED STATES CITIZENSHIP AND IMMI-
GRATION SERVICES, THE UNITED STATES 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 ORGANIZA-
TIONS AND INTERESTED PARTIES FOR THE PURPOSE OF COORDINATING EFFORTS TO
PROVIDE IMMIGRATION RELIEF TO INTENDED RECIPIENTS.
(C) 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.
(D) ADVOCATING FOR INTENDED RECIPIENTS.
(E) DEVELOPING AND MAINTAINING A CLEARINGHOUSE FOR INFORMATION AND
RESOURCES RELATING TO THE PROGRAM AS WELL AS OTHER FEDERAL, STATE, LOCAL
AND NON-PROFIT PROGRAMS THAT MAY OFFER ASSISTANCE TO INTENDED RECIPIENTS
IN IMMIGRATION MATTERS.
S. 8119--C 3
(F) 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.
(G) DEVELOPING INFORMATION TO BE MADE AVAILABLE TO CONGRESSIONALLY
CHARTERED VETERANS' ORGANIZATIONS, AND LOCAL VETERANS' SERVICE 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.
(H) PREPARING YEARLY 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 ADJU-
TANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS AND THE
OFFICE FOR NEW AMERICANS.
4. THE LIAISONS APPOINTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL JOINTLY SUBMIT A REPORT TO THE COMMISSIONER, THE ADJUTANT GENERAL
AND THE DIRECTOR OF THE OFFICE FOR NEW AMERICANS ON JANUARY FIRST EACH
YEAR FOLLOWING THE FIRST FULL YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, A DESCRIPTION
AND EVALUATION OF THE PROGRAM AND THE LIAISONS' ACTIVITIES FOR THE
PRECEDING CALENDAR YEAR, AND THE NUMBER OF INTENDED RECIPIENTS AIDED BY
THE PROGRAM, AS WELL AS ANY RECOMMENDATIONS FOR FUTURE PROGRAMMATIC
CHANGES. THE DIRECTOR OF THE OFFICE FOR NEW AMERICANS SHALL SUBMIT THE
REPORT TO THE GOVERNOR AND THE LEGISLATURE IN ACCORDANCE WITH THE
PROVISIONS OF PARAGRAPH (N) OF SUBDIVISION FIVE OF SECTION NINETY-FOUR-B
OF THE EXECUTIVE LAW.
§ 2. Section 4 of the veterans' services law is amended by adding a
new subdivision 39 to read as follows:
39. TO ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR THE ESTABLISHMENT
OF A STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM LIAISON, 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 LIAI-
SON, AS PROVIDED IN SECTION TWENTY-NINE-B OF THE VETERANS' SERVICES LAW.
§ 4. Paragraphs (m) and (n) of subdivision 5 of section 94-b of the
executive law, as added by chapter 206 of the laws of 2014, are amended
and two new paragraphs (o) and (p) are added to read as follows:
(m) Encourage and assist local governments in the development of
activities to enhance civic engagement among immigrants and in immigrant
communities; [and]
(n) Beginning in two thousand fifteen, by June fifteenth of each year,
produce a report to the governor, the speaker of the assembly, and the
temporary president of the senate describing the activities of the
office, including but not limited to, summarizing calls received through
the hotline and website, information on ESOL training services provided
by the office, the number of immigrants assisted through the opportunity
centers, or an estimation thereof, the status of any workforce develop-
ment programs, and any other relevant information[.];
(O) ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR THE ESTABLISHMENT OF
A STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM LIAISON, AS PROVIDED IN
SECTION TWENTY-NINE-B OF THE VETERANS' SERVICES LAW; AND
S. 8119--C 4
(P) REQUEST INDIVIDUALS SEEKING ASSISTANCE FROM THE OFFICE ANSWER THE
FOLLOWING QUESTIONS: "HAVE YOU SERVED IN THE UNITED STATES MILITARY?"
"HAS SOMEONE IN YOUR FAMILY SERVED IN THE UNITED STATES MILITARY?"
INDIVIDUALS IDENTIFYING THEMSELVES OR A FAMILY MEMBER AS "INTENDED
RECIPIENTS" OF THE STAFF SERGEANT ALEX R. JIMENEZ NEW YORK STATE MILI-
TARY IMMIGRANT FAMILY LEGACY PROGRAM AS SUCH TERM IS DEFINED IN PARA-
GRAPH (E) OF SUBDIVISION ONE OF SECTION TWENTY-NINE-B OF THE VETERANS'
SERVICES LAW, SHALL BE ADVISED OF SUCH PROGRAM. IN ADDITION, SUCH INDI-
VIDUALS SHALL BE INFORMED THAT THE DEPARTMENT OF VETERANS' SERVICES AND
LOCAL VETERANS' SERVICE AGENCIES ESTABLISHED PURSUANT TO SECTION SEVEN-
TEEN OF THE VETERANS' SERVICES LAW PROVIDE ASSISTANCE TO UNIFORMED
SERVICE MEMBERS, VETERANS AND THEIR FAMILIES REGARDING BENEFITS AVAIL-
ABLE UNDER FEDERAL AND STATE LAW. INFORMATION REGARDING VETERANS AND
MILITARY STATUS PROVIDED BY ASSISTED INDIVIDUALS SHALL BE PROTECTED AS
PERSONAL CONFIDENTIAL MATERIAL, AND USED ONLY TO IDENTIFY SUCH INDIVID-
UALS AS "INTENDED RECIPIENTS" OF THE STAFF SERGEANT ALEX R. JIMENEZ NEW
YORK STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM, AND TO ASSIST SUCH
INDIVIDUALS IN MATTERS RELATING TO IMMIGRATION STATUS AND CITIZENSHIP,
AND IN REFERRING SUCH INDIVIDUALS TO THE DEPARTMENT OF VETERANS'
SERVICES OR LOCAL VETERANS' SERVICE AGENCIES FOR INFORMATION AND ASSIST-
ANCE WITH REGARD TO BENEFITS AND ENTITLEMENTS UNDER FEDERAL AND STATE
LAW.
§ 5. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.
