NY State Senate Bill 2019-S2550A

Archive: Last 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2020	print number 2550a
Mar 13, 2020	amend and recommit to higher education
Jan 08, 2020	referred to higher education returned to senate died in assembly
Jun 04, 2019	referred to higher education delivered to assembly passed senate ordered to third reading cal.1157 committee discharged and committed to rules
Jan 28, 2019	referred to higher education

Votes

- Jun 4, 2019 - Floor Vote
  S2550A
  
  40
  
  Aye
  
  22
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2019
      
      aye (40)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (22)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Boyle
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Jun 4, 2019 - Rules Committee Vote
  S2550A
  
  12
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 4, 2019
      
      aye (12)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (7)
      
      Flanagan
      
      Griffo
      
      LaValle
      
      Lanza
      
      Little
      
      Robach
      
      Seward

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S2550 - Details

See Assembly Version of this Bill:: A5273
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §§355-d & 6206-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4079, A6588
2021-2022: S2778
2023-2024: S3475

2019-S2550 - Summary

Mandates that no employee or officer of the university shall determine the specific details of a student's immigration status except when required by federal law, pursuant to a court order or as required in connection with tuition or financial aid eligibility.

2019-S2550 - Sponsor Memo

                                
 
BILL NUMBER: S2550

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the education law, in relation to immigration status of
registered students

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would make it unlawful for any employee or officer of
the city or state university to request the specific details of a
student's immigration status except when required by federal law, pursu-
ant to court order, or as required in connection with tuition or finan-
cial aid eligibility.

 
SUMMARY OF PROVISIONS:

Section 1. Article 5 of the Education law is amended and a new section
224-B is added which outlines circumstances under which immigration
status may be requested. The Board of Trustees of the city and state

university will promulgate standards for all colleges and universities
within the system to insure that a student shall not be asked any ques-
tions on immigration status other than any information required by
subdivision one of this act. In no case shall anyone be required to
provide any information on a student's lawful immigration status, as a
refugee, or as an immigrant from any specific nation.

Section 2. Article 125 of the Education Law is amended and a new section
6204-B is added with the same wording as in Section 1.

Section 3. Severability. If any part of this act is judged by any court
of competent jurisdiction to be invalid after exhaustive judicial
review, it will not affect, impair or invalidate the remainder of the
act but will be confined only to the portion directly involved in the
controversy in which judgment shall have been rendered.

 
JUSTIFICATION:

This proposal prohibits SUNY and CUNY employees from inquiring about a
student's immigration status in order to prevent the federal government
from deporting immigrant students. It would neutralize efforts to
require universities to compile data regarding the number of foreign
students, their countries of origin, and the programs in which they are
enrolled.  SUNY and CUNY would be prohibited from determining if a
student was from a specific Muslim-majority nation, whether the student
had proper immigration status or was undocumented. Additionally, SUNY
and CUNY would be prohibited from participating in any federal immi-
gration laws unless such participation was expressly required as a
lawful and related condition of receiving federal higher education
loans.

New York has always been a progressive leader in human rights. As a
nation of immigrants, our diversity is what has made us a world leader
and New York must reaffirm its commitment to all people, regardless of
race, religion or national origin. Students, wherever they come from and
regardless of their immigration status, must be free to study unfettered
by the fear that they might end up on a deportation list developed by
the very university at which they are studying.
SUNY has an estimated 22,140 international students with 320 from the
seven countries on the travel ban list. CUNY has 8,881 foreign students
with 120 who would be affected by the travel ban.

Our institutions of higher learning should focus on educating future
generations of New Yorkers who will improve our state and grow our econ-
omy - not prosecuting students based on their religion or nationality.
SUNY and CUNY schools must remain places of dignified higher learning,
not mechanisms to spy on students.

 
PRIOR LEGISLTIVE HISTORY:

2017-18: referred to higher education.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2550 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2550
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 immigration status  of
   registered students
 
   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 section  224-b
 to read as follows:
   §  224-B. IMMIGRATION STATUS OF REGISTERED STUDENTS. 1.  NOTWITHSTAND-
 ING ANY PROVISION OF LAW TO THE CONTRARY, NO EMPLOYEE OR OFFICER OF  THE
 UNIVERSITY  SHALL  DETERMINE  THE  SPECIFIC DETAILS OF A STUDENT'S IMMI-
 GRATION STATUS EXCEPT WHEN REQUIRED BY FEDERAL LAW, PURSUANT TO A  COURT
 ORDER  OR AS REQUIRED IN CONNECTION WITH TUITION OR FINANCIAL AID ELIGI-
 BILITY.
   2. THE BOARD OF REGENTS SHALL PROMULGATE STANDARDS  FOR  ALL  COLLEGES
 AND UNIVERSITIES WITHIN THE SYSTEM TO ENSURE THAT A STUDENT SHALL NOT BE
 ASKED ANY QUESTIONS ON IMMIGRATION STATUS OTHER THAN ANY REQUIRED DETER-
 MINATION AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION THAT THE STUDENT
 IS  AN  IMMIGRANT. IN NO CASE SHALL A STUDENT BE REQUIRED TO PROVIDE ANY
 INFORMATION ON A STUDENT'S LAWFUL IMMIGRATION STATUS, STATUS AS A  REFU-
 GEE, OR STATUS AS AN IMMIGRANT FROM ANY SPECIFIC NATION.
   §  2.  The  education law is amended by adding a new section 6204-b to
 read as follows:
   § 6204-B. IMMIGRATION STATUS OF REGISTERED STUDENTS. 1.  NOTWITHSTAND-
 ING ANY PROVISION OF LAW TO THE CONTRARY, NO EMPLOYEE OR OFFICER OF  THE
 UNIVERSITY  SHALL  DETERMINE  THE  SPECIFIC DETAILS OF A STUDENT'S IMMI-
 GRATION STATUS EXCEPT WHEN REQUIRED BY FEDERAL LAW, PURSUANT TO A  COURT
 ORDER  OR AS REQUIRED IN CONNECTION WITH TUITION OR FINANCIAL AID ELIGI-
 BILITY.
   2. THE BOARD OF REGENTS SHALL PROMULGATE STANDARDS  FOR  ALL  COLLEGES
 AND UNIVERSITIES WITHIN THE SYSTEM TO ENSURE THAT A STUDENT SHALL NOT BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01133-01-9

 S. 2550                             2
 
 ASKED ANY QUESTIONS ON IMMIGRATION STATUS OTHER THAN ANY REQUIRED DETER-
 MINATION AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION THAT THE STUDENT
 IS  AN  IMMIGRANT. IN NO CASE SHALL A STUDENT BE REQUIRED TO PROVIDE ANY
 INFORMATION  ON A STUDENT'S LAWFUL IMMIGRATION STATUS, STATUS AS A REFU-
 GEE, OR STATUS AS AN IMMIGRANT FROM ANY SPECIFIC NATION.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be invalid and after exhaustion of all further judicial review the judg-
 ment  shall  not be deemed to affect, impair or invalidate the remainder
 thereof, but shall be confined in its operation to the clause, sentence,
 paragraph, section or part of this act directly involved in the  contro-
 versy in which the judgement shall have been rendered.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S2550A (ACTIVE) - Details

See Assembly Version of this Bill:: A5273
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §§355-d & 6206-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4079, A6588
2021-2022: S2778
2023-2024: S3475

2019-S2550A (ACTIVE) - Summary

2019-S2550A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2550A

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the education law, in relation to immigration status of
registered students

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would make it unlawful for any employee or officer of
the city or state university to request the specific details of a
student's immigration status except when required by federal law, pursu-
ant to court order, or as required in connection with tuition or finan-
cial aid eligibility.

 
SUMMARY OF PROVISIONS:

Section 1. Article 8 of the Education law is amended and a new section
355-d is added which outlines circumstances under which immigration
status may be requested. The Board of Trustees of the city and state

university will promulgate standards for all colleges and universities
within the system to insure that a student shall not be asked any ques-
tions on immigration status other than any information required by
subdivision one of this act. In no case shall anyone be required to
provide any information on a student's lawful immigration status, as a
refugee, or as an immigrant from any specific nation.

Section 2. Article 125 of the Education Law is amended and a new section
6206-a is added with the same wording as in Section 1.

Section 3. Severability. If any part of this act is judged by any court
of competent jurisdiction to be invalid after exhaustive judicial
review, it will not affect, impair or invalidate the remainder of the
act but will be confined only to the portion directly involved in the
controversy in which judgment shall have been rendered.

 
JUSTIFICATION:

This proposal prohibits SUNY and CUNY employees from inquiring about a
student's immigration status in order to prevent the federal government
from deporting immigrant students. It would neutralize efforts to
require universities to compile data regarding the number of foreign
students, their countries of origin, and the programs in which they are
enrolled. SUNY and CUNY would be prohibited from determining if a
student was from a specific Muslim-majority nation targeted by the ban,
as well as whether the student had proper immigration status or was
undocumented. Additionally, SUNY and CUNY would be prohibited from
assisting the federal government in enforcing federal immigration laws
unless such participation was expressly required as a lawful and related
condition of receiving federal higher education funds.

New York has always been a progressive leader in human rights. As a
nation of immigrants, our diversity is what has made us a world leader
and New York must reaffirm its commitment to all people, regardless of
race, religion or national origin. Students, wherever they come from and
regardless of their immigration status, must be free to study unfettered
by the fear that they might end up on a deportation list developed by
the very university at which they are studying.
SUNY has an estimated 22,140 international students with 320 from the
seven countries on the travel ban list. CUNY has 8,881 foreign students
with 120 who would be affected by the travel ban.  Our institutions of
higher learning should focus on educating future generations of New
Yorkers who will improve our state and grow our economy - not prosecut-
ing students based on their religion or nationality. SUNY and CUNY
schools must remain places of dignified higher learning, not mechanisms
to spy on students.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: referred to higher education.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2550A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2550--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced by Sens. STAVISKY, BIAGGI, KRUEGER, MONTGOMERY, MYRIE, RAMOS,
   SERRANO  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Higher Education -- recommitted  to  the
   Committee on Higher Education in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the education law, in relation to immigration status  of
   registered students
 
   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 section  355-d
 to read as follows:
   §  355-D. IMMIGRATION STATUS OF REGISTERED STUDENTS. 1.  NOTWITHSTAND-
 ING ANY PROVISION OF LAW TO THE CONTRARY, NO EMPLOYEE OR OFFICER OF  THE
 UNIVERSITY  SHALL  DETERMINE  THE  SPECIFIC DETAILS OF A STUDENT'S IMMI-
 GRATION STATUS EXCEPT WHEN REQUIRED BY FEDERAL LAW, PURSUANT TO A  COURT
 ORDER  OR AS REQUIRED IN CONNECTION WITH TUITION OR FINANCIAL AID ELIGI-
 BILITY.
   2. THE BOARD OF TRUSTEES SHALL PROMULGATE STANDARDS FOR  ALL  COLLEGES
 AND UNIVERSITIES WITHIN THE SYSTEM TO ENSURE THAT A STUDENT SHALL NOT BE
 ASKED ANY QUESTIONS ON IMMIGRATION STATUS OTHER THAN ANY REQUIRED DETER-
 MINATION AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION THAT THE STUDENT
 IS  AN  IMMIGRANT. IN NO CASE SHALL A STUDENT BE REQUIRED TO PROVIDE ANY
 INFORMATION ON A STUDENT'S LAWFUL IMMIGRATION STATUS, STATUS AS A  REFU-
 GEE, OR STATUS AS AN IMMIGRANT FROM ANY SPECIFIC NATION.
   §  2.  The  education law is amended by adding a new section 6206-a to
 read as follows:
   § 6206-A. IMMIGRATION STATUS OF REGISTERED STUDENTS. 1.  NOTWITHSTAND-
 ING ANY PROVISION OF LAW TO THE CONTRARY, NO EMPLOYEE OR OFFICER OF  THE
 UNIVERSITY  SHALL  DETERMINE  THE  SPECIFIC DETAILS OF A STUDENT'S IMMI-
 GRATION STATUS EXCEPT WHEN REQUIRED BY FEDERAL LAW, PURSUANT TO A  COURT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01133-04-0

 S. 2550--A                          2
 
 ORDER  OR AS REQUIRED IN CONNECTION WITH TUITION OR FINANCIAL AID ELIGI-
 BILITY.
   2.  THE  BOARD  OF REGENTS SHALL PROMULGATE STANDARDS FOR ALL COLLEGES
 AND UNIVERSITIES WITHIN THE SYSTEM TO ENSURE THAT A STUDENT SHALL NOT BE
 ASKED ANY QUESTIONS ON IMMIGRATION STATUS OTHER THAN ANY REQUIRED DETER-
 MINATION AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION THAT THE STUDENT
 IS AN IMMIGRANT. IN NO CASE SHALL A STUDENT BE REQUIRED TO  PROVIDE  ANY
 INFORMATION  ON A STUDENT'S LAWFUL IMMIGRATION STATUS, STATUS AS A REFU-
 GEE, OR STATUS AS AN IMMIGRANT FROM ANY SPECIFIC NATION.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be invalid and after exhaustion of all further judicial review the judg-
 ment  shall  not be deemed to affect, impair or invalidate the remainder
 thereof, but shall be confined in its operation to the clause, sentence,
 paragraph, section or part of this act directly involved in the  contro-
 versy in which the judgement shall have been rendered.
   § 4. This act shall take effect immediately.

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Senate Bill S2550A

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Jun 4, 2019 - Floor Vote

Floor Vote: Jun 4, 2019

Jun 4, 2019 - Rules Committee Vote

Rules Committee Vote: Jun 4, 2019

Bill Amendments

co-Sponsors

2019-S2550 - Details

2019-S2550 - Summary

2019-S2550 - Sponsor Memo

2019-S2550 - Bill Text download pdf

co-Sponsors

2019-S2550A (ACTIVE) - Details

2019-S2550A (ACTIVE) - Summary

2019-S2550A (ACTIVE) - Sponsor Memo

2019-S2550A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2550A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

co-Sponsors

2019-S2550 - Details

2019-S2550 - Summary

2019-S2550 - Sponsor Memo

2019-S2550 - Bill Text download pdf

co-Sponsors

2019-S2550A (ACTIVE) - Details

2019-S2550A (ACTIVE) - Summary

2019-S2550A (ACTIVE) - Sponsor Memo

2019-S2550A (ACTIVE) - Bill Text download pdf

Comments