S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2674
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced  by M. of A. CROUCH, BRABENEC, KOLB, B. MILLER -- Multi-Spon-
   sored by -- M.  of A. FINCH, HAWLEY -- 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.
   § 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 NINETEEN, AND ON THE COMMENCEMENT OF  EACH  TERM
 OR  SEMESTER THEREAFTER, EACH PUBLIC POST-SECONDARY EDUCATIONAL INSTITU-
 TION 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.
              

                                                            LBD02794-01-9

 A. 2674                             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.
   § 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 section one of this act on its effective date is authorized to
 be made on or before such effective date.