S T A T E O F N E W Y O R K
________________________________________________________________________
3991
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
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Introduced by M. of A. CROUCH, KOLB -- Multi-Sponsored by -- M. of A.
BURLING, CALHOUN, FINCH -- read once and referred to the Committee on
Higher Education
AN ACT to amend the education law, in relation to the exclusion of ille-
gal aliens from attending public post-secondary educational insti-
tutions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 14-B
to read as follows:
ARTICLE 14-B
EXCLUSION OF ILLEGAL ALIENS FROM PUBLIC POST-SECONDARY
EDUCATIONAL INSTITUTIONS
SECTION 695-N. EXCLUSION OF ILLEGAL ALIENS FROM PUBLIC POST-SECONDARY
EDUCATIONAL INSTITUTIONS.
S 695-N. EXCLUSION OF ILLEGAL ALIENS FROM PUBLIC POST-SECONDARY EDUCA-
TIONAL INSTITUTIONS. 1. NO PUBLIC INSTITUTION OF POST-SECONDARY EDUCA-
TION SHALL ADMIT, ENROLL OR PERMIT THE ATTENDANCE OF ANY PERSON WHO IS
NOT ONE OF THE FOLLOWING:
(A) A CITIZEN OF THE UNITED STATES;
(B) AN ALIEN LAWFULLY ADMITTED AS A PERMANENT RESIDENT;
(C) AN ALIEN LAWFULLY ADMITTED FOR A TEMPORARY PERIOD OF TIME; OR
(D) A PERSON WHO IS OTHERWISE AUTHORIZED UNDER FEDERAL LAW TO BE PRES-
ENT IN THE UNITED STATES.
2. COMMENCING WITH THE FIRST TERM OR SEMESTER THAT BEGINS AFTER JANU-
ARY FIRST, TWO THOUSAND TEN, AND ON THE COMMENCEMENT OF EACH TERM OR
SEMESTER THEREAFTER, EACH PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTION
SHALL VERIFY THE STATUS OF EACH PERSON ENROLLED OR IN ATTENDANCE AT THAT
INSTITUTION IN ORDER TO ENSURE THE ENROLLMENT OR ATTENDANCE ONLY OF
UNITED STATES CITIZENS, ALIENS LAWFULLY ADMITTED AS PERMANENT RESIDENTS
IN THE UNITED STATES, ALIENS LAWFULLY ADMITTED FOR A TEMPORARY PERIOD OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06981-01-9
A. 3991 2
TIME AND PERSONS WHO ARE OTHERWISE AUTHORIZED UNDER FEDERAL LAW TO BE
PRESENT IN THE UNITED STATES.
3. NO LATER THAN FORTY-FIVE DAYS AFTER THE ADMISSIONS OFFICER OF A
PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTION BECOMES AWARE OF THE
APPLICATION, ENROLLMENT OR ATTENDANCE OF A PERSON DETERMINED TO BE, OR
WHO IS UNDER REASONABLE SUSPICION OF BEING, IN THE UNITED STATES IN
VIOLATION OF FEDERAL IMMIGRATION LAWS, THAT OFFICER SHALL PROVIDE SUCH
INFORMATION TO THE COMMISSIONER, THE ATTORNEY GENERAL AND THE UNITED
STATES BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT. SUCH INFORMATION
SHALL ALSO BE PROVIDED TO THE APPLICANT, ENROLLEE OR PERSON ADMITTED.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of the foregoing section of this act on its effective date is
authorized to be made on or before such effective date.