NY State Senate Bill S2778

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 16, 2022	referred to higher education delivered to assembly passed senate
Jan 25, 2022	advanced to third reading
Jan 24, 2022	2nd report cal.
Jan 20, 2022	1st report cal.277
Jan 05, 2022	referred to higher education returned to senate died in assembly
Feb 09, 2021	referred to higher education delivered to assembly passed senate
Feb 08, 2021	advanced to third reading
Feb 03, 2021	2nd report cal.
Feb 02, 2021	1st report cal.261
Jan 25, 2021	referred to higher education

Votes

view votes

Feb 16, 2022 - floor Vote

S2778

floor

Aye

Nay

Absent

Excused

Abstained

Jan 19, 2022 - Higher Education committee Vote

S2778

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Higher Education committee vote details

Higher Education Committee Vote: Jan 19, 2022

aye (8)

nay (2)

aye wr (1)

Boyle

Feb 9, 2021 - floor Vote

S2778

floor

Aye

Nay

Absent

Excused

Abstained

Feb 2, 2021 - Higher Education committee Vote

S2778

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Higher Education committee vote details

Higher Education Committee Vote: Feb 2, 2021

aye (8)

nay (2)

aye wr (1)

Boyle

Co-Sponsors

S2778 (ACTIVE) - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add §§355-e & 6206-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4079
2019-2020: S2550
2023-2024: S3475

S2778 (ACTIVE) - 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.

S2778 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2778

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, regard less 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:

Introduced in previous legislative sessions.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2778 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2778
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sens. STAVISKY, BIAGGI, KRUEGER, MYRIE, RAMOS, SERRANO --
   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 355-e
 to read as follows:
   § 355-E. 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
 ORDER OR AS REQUIRED IN CONNECTION WITH TUITION OR FINANCIAL AID  ELIGI-
 BILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03296-01-1

 S. 2778                             2
 
   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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S2778

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 16, 2022 - floor Vote

Floor Vote: Feb 16, 2022

Jan 19, 2022 - Higher Education committee Vote

Higher Education Committee Vote: Jan 19, 2022

Feb 9, 2021 - floor Vote

Floor Vote: Feb 9, 2021

Feb 2, 2021 - Higher Education committee Vote

Higher Education Committee Vote: Feb 2, 2021

Co-Sponsors

S2778 (ACTIVE) - Details

S2778 (ACTIVE) - Summary

S2778 (ACTIVE) - Sponsor Memo

S2778 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2778

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 16, 2022 - floor Vote

Floor Vote: Feb 16, 2022

Jan 19, 2022 - Higher Education committee Vote

Higher Education Committee Vote: Jan 19, 2022

Feb 9, 2021 - floor Vote

Floor Vote: Feb 9, 2021

Feb 2, 2021 - Higher Education committee Vote

Higher Education Committee Vote: Feb 2, 2021

Co-Sponsors

S2778 (ACTIVE) - Details

S2778 (ACTIVE) - Summary

S2778 (ACTIVE) - Sponsor Memo

S2778 (ACTIVE) - Bill Text download pdf

Comments