NY State Senate Bill 2025-S5121

Current 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
Feb 19, 2025	referred to higher education

co-Sponsors

2025-S5121 (ACTIVE) - Details

See Assembly Version of this Bill:: A284
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Rpld §661 sub 5 ¶a cl ¶, ¶b cl ¶, §6301 sub 5 sec undesig ¶, §6455 sub 2 ¶(a) cl ¶, sub 3 ¶(a) cl ¶, amd §6206, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S8365, A6991

2025-S5121 (ACTIVE) - Summary

Removes the affidavit of the lawful immigration status requirement for certain students.

2025-S5121 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5121

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to affidavits of the
lawful immigration status of certain students; and to repeal certain
provisions of such law relating thereto

 
PURPOSE:

Since 2002, when NYS authorized undocumented students to pay in-state
college tuition, students without legal status have been required to
file an affidavit with their campus. This legislation will repeal all
sections of law requiring such affidavit.

 
SUMMARY OF PROVISIONS:

Sections 1 thru 5 amend education law to repeal existing law requiring
the filling of affidavit by college student attesting to their attempts
to legalize their immigration status.

Section 6 is the enactment date of the new law.

 
JUSTIFICATION:

Giant steps were made in 2002 when New York State allowed undocumented
college students to pay instate-tuition if they met a set of standards
and requirements. One of those requirements was that impacted students
would be required to file an affidavit with the higher education insti-
tution that attested that the student was in the process to legalize
their immigration status. Unfortunately, before and after the 2016 pres-
idential election, many students who feared being identified by the
federal government as being undocumented decided not to enroll in
college due to the requirement to file such an affidavit. College advi-
sors have given testimony at higher education conferences that the affi-
davit has become a discouragement and barrier to student enrollment. In
as much as the City University of New York identified and tried to solve
this problem and has provided a standard affidavit for impacted students
to complete during enrollment and application periods, this requirement'
continues to be burdensome. Legislation addressing this problem is need-
ed and this bill repeals all sections of existing laws requiring such
affidavit Lingering questions as to the continued negative impact of the
2002 law remain as there are more undocumented students eligible to
attend higher education institutions after the passage of the Dream Act
in 2019. It is important for that our public higher education institu-
tion remove artificial barriers that limit immigrant student's college
enrollment. This legislation solves this problem and removes bureaucrat-
ic paperwork requirements for both SUNY and CUNY.

 
PRIOR LEGISLATIVE HISTORY:

2024: S8365 - Referred to Higher Education/ A6991 - referred to Higher
Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become law.

2025-S5121 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5121
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2025
                                ___________
 
 Introduced  by Sens. JACKSON, MAYER, 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 affidavits of the
   lawful immigration status of certain students; and to  repeal  certain
   provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The closing paragraph paragraph a and the closing paragraph
 of paragraph b of subdivision 5 of section 661 of the education law  are
 REPEALED.
   §  2.  The  closing  paragraph of subparagraph (i) of paragraph (a) of
 subdivision 7 of section 6206  of  the  education  law,  as  amended  by
 section  3  of  part  B of chapter 56 of the laws of 2023, is amended to
 read as follows:
   [A student without lawful immigration status shall also be required to
 file an affidavit with such institution or educational unit stating that
 the student has filed an application to legalize his or her  immigration
 status,  or will file such an application as soon as he or she is eligi-
 ble to do so.] The trustees shall not adopt changes in  tuition  charges
 prior  to  the enactment of the annual budget. The board of trustees may
 accept as partial reimbursement for the education  of  veterans  of  the
 armed  forces of the United States who are otherwise qualified such sums
 as may be authorized by federal legislation to be paid for  such  educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and  courses  for  adult  education  appropriate  to the field of higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion,  require students to pay library, laboratory, locker, break-
 age and other instructional and non-instructional fees and meet the cost
 of books and consumable supplies. In addition to the foregoing fees  and
 charges,  the  board of trustees may impose and collect fees and charges

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01215-01-5

 S. 5121                             2
 
 for student government and other  student  activities  and  receive  and
 expend them as agent or trustee.
   §  3.  The  closing  paragraph  of paragraph (a-1) of subdivision 7 of
 section 6206 of the education law, as amended by chapter 669 of the laws
 of 2022, is amended to read as follows:
   [A student without lawful immigration status shall also be required to
 file an affidavit with such institution or educational unit stating that
 the student has filed an application to legalize his or her  immigration
 status,  or will file such an application as soon as he or she is eligi-
 ble to do so.] Except as otherwise authorized in paragraph (a)  of  this
 subdivision,  the  trustees  shall  not adopt changes in tuition charges
 prior to the enactment of the annual budget. The board of  trustees  may
 accept  as  partial  reimbursement  for the education of veterans of the
 armed forces of the United States who are otherwise qualified such  sums
 as  may  be authorized by federal legislation to be paid for such educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and courses for adult education  appropriate  to  the  field  of  higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion, require students to pay library, laboratory, locker,  break-
 age and other instructional and non-instructional fees and meet the cost
 of  books and consumable supplies. In addition to the foregoing fees and
 charges, the board of trustees may impose and collect fees  and  charges
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
   § 4. The second undesignated paragraph of  subdivision  5  of  section
 6301 of the education law is REPEALED.
   §  5.  The closing paragraph of paragraph (a) of subdivision 2 and the
 closing paragraph of paragraph (a) of subdivision 3 of section  6455  of
 the education law are REPEALED.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that section two of this act shall
 take effect on the same date as the reversion of paragraph (a) of subdi-
 vision 7 of section 6206 of the education law as provided in section  16
 of chapter 260 of the laws of 2011, as amended; provided further, howev-
 er,  that  the amendments to paragraph (a-1) of subdivision 7 of section
 6206 of the education law made by section three of this  act  shall  not
 affect  the repeal of such paragraph and shall be deemed repealed there-
 with.

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Senate Bill S5121

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2025-S5121 (ACTIVE) - Details

2025-S5121 (ACTIVE) - Summary

2025-S5121 (ACTIVE) - Sponsor Memo

2025-S5121 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5121

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

Shelley B. Mayer

Luis R. Sepúlveda

2025-S5121 (ACTIVE) - Details

2025-S5121 (ACTIVE) - Summary

2025-S5121 (ACTIVE) - Sponsor Memo

2025-S5121 (ACTIVE) - Bill Text download pdf

Comments