Assembly Bill A4394

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4394

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

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 TWELVE, 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.
                                                           LBD04758-01-1
              

A. 4394                             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.