NY State Senate Bill 2023-S6281

Senate Bill S6281

2023-2024 Legislative Session

Permits individuals enrolled in the federal deferred action for childhood arrivals program to apply for professional licenses

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Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Apr 11, 2023	referred to higher education

co-Sponsors

2023-S6281 (ACTIVE) - Details

See Assembly Version of this Bill:: A8231
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8374
2019-2020: S1704
2021-2022: S3064

2023-S6281 (ACTIVE) - Summary

Relates to permitting individuals enrolled in the federal deferred action for childhood arrivals program to apply for professional licenses if they meet all additional requirements.

2023-S6281 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6281

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the education law, in relation to permitting individuals
enrolled in the federal deferred action for childhood arrivals program
to apply for professional licenses

 
PURPOSE OR GENERAL IDEA OF THE BILL:

Relates to permitting individuals enrolled in the federal deferred
action for childhood arrivals program to apply for professional
licenses.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Section 6501 of the education law is amended by adding a new
subdivision 3 to read as follows: Notwithstanding any provision of law
to the contrary, a qualified applicant shall include individuals
enrolled in the federal deferred action for childhood arrivals program
who meets all additional requirements prescribed for in the article for

such particular profession.

Section 2: Subdivision 6 of section 6524 of the education law, as
amended by chapter 669 of the laws of 2022, is amended to read as
follows Citizenship or immigration status: be a United States citizen,
an individual enrolled in the federal deferred action for childhood
arrivals program, or an alien lawfully admitted for permanent residence
in the United States; provided, however that the board of regents may
grant a three year waiver for an alien physician to practice in an area
which has been designated by the department as medically underserved,
except that the board of regents may grant additional extension not to
exceed six years to an alien physician to enable him or her to secure
citizenship or permanent resident status, provided such status is being
actively pursued; and provided further that the board of regents may
grant an additional three year waiver, and at its expiration, an exten-
sion for a period not to exceed six additional years, for the holder of
an H-lb visa, an 0-1 visa, or an equivalent or successor visa thereto;

Section 3 through 12: Makes conforming changes to various sections of
the education law contained in sections one and two.

Section 15: OThis act shall take effect on the sixtieth day it shall
have become a law.

 
JUSTIFICATION:

As a general rule, state law and state licensing boards govern the
eligibility requirements for professional licenses, including immi-
gration status. However, federal law prohibits undocumented Immigrants
from obtaining professional licenses, unless a state specifically enacts
legislation that permits an undocumented immigrant to obtain a profes-
sional license. A professional license authorizes practitioners of
certain professions, such as medicine, law, social work, and cosmetology
to work in a given industry. The licensing process exists to regulate a
standard of skill and quality of service. Requirements to successfully
gain a professional license vary between industries and states, and can

consist of a combination of written examinations, demonstrated work
experience and higher education.

Currently, ten states, including the state of California, alloys some
populations of undocumented immigrants to become professionally licensed
in all or some occupations. For example, in California, undocumented
immigrants can get any of 40 professional licenses available under state
law so long as they meet all other eligibility requirements, and they
can produce a federal individual Taxpayer Identification Number (ITIN)
rather than a Social Security number (SSN).

There are many benefits associated with permitting professional licenses
to individuals enrolled in the federal deferred action for childhood
arrivals program to apply for professional licenses. These benefits
consist of boosting State economy, allowing immigrants to fill job
demands, allowing the State to benefit from educational investments, and
promoting economic self-sufficiency within immigrant communities.

Granting professional licenses to undocumented immigrants would boost
state economy. The United States' 42 million immigrants make rich
economic and social contributions to communities across the country.
Our country currently has a strong and well educated immigrant work
force. Nearly 24* of community college students have an immigrant back-
ground, and 41% of arriving immigrants hold at least a bachelor's
degree. Another study reported that undocumented immigrants In Texas who
were employed in various industries in 2014 contributed nearly 1 billion
dollars in state and local taxes. The increase in wages that would
result from fully employing highly-skilled immigrant professionals could
add millions of dollars in tax revenues. Allowing Immigrants to obtain
processional licenses will fill Job Demands.  Many of the areas where
professional licenses are required include high-paying and high-demand
jobs. Jobs in areas such as the medical field or engineering represent
high-earning positions that are currently vacant in certain parts of the
country as there are not enough current college graduates entering these
fields. Granting professional licenses to undocumented college graduates
would allow these jobs to be filled and contribute to the state's work-
force.

Allowing Immigrants to obtain professional licenses will benefit New
York States educational investment. Prior educational investment is the
crux of many arguments in support of expanding access to higher educa-
tion and professional licensing to undocumented students educated in
public schools across the country. Granting professional licenses to
undocumented students who have benefited from American public education
allows them to join the workforce and contribute to the state's economy
thus allowing the state to get a return on its investment.

Lastly, allowing immigrants to obtain professional licenses will promote
economic self-sufficiency within immigrant communities.  Granting
professional licenses to undocumented immigrants would empower immi-
grants to become economically self-sufficient and allow them to partic-
ipate in the development of their communities.  Undocumented immigrant
youth represent a largely untapped source of talent. They have gone
through the U.S. public school system but, until recently, many have
been stymied in their quest for higher education and relevant careers
because they have not been eligible for in-state tuition at public
colleges and universities, putting higher education out of reach finan-

cially. Even for those who could obtain a degree, work in their chosen
field was not available to them due to their current status.

 
PRIOR LEGISLATIVE HISTORY:

S. 3064 of 2021-22: Referred to Higher Education;

S. 1704 of 2019-20; Referred to Higher Education;

S. 8374 of 2018, Referred to Higher Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become a law.

2023-S6281 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6281
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2023
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  GOUNARDES  --  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 permitting individuals
   enrolled in the federal deferred action for childhood arrivals program
   to apply for professional licenses

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6501 of the education law is amended  by  adding  a
 new subdivision 3 to read as follows:
   3.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A QUALIFIED
 APPLICANT SHALL INCLUDE INDIVIDUALS ENROLLED  IN  THE  FEDERAL  DEFERRED
 ACTION  FOR CHILDHOOD ARRIVALS PROGRAM WHO MEETS ALL ADDITIONAL REQUIRE-
 MENTS PRESCRIBED FOR IN THE ARTICLE FOR SUCH PARTICULAR PROFESSION.
   § 2. Subdivision 6 of section 6524 of the education law, as amended by
 chapter 669 of the laws of 2022, is amended to read as follows:
   (6) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or a noncitizen lawfully admitted for permanent  resi-
 dence  in the United States; provided, however that the board of regents
 may grant a three year waiver for a noncitizen physician to practice  in
 an  area which has been designated by the department as medically under-
 served, except that the board of regents may grant an additional  exten-
 sion  not to exceed six years to a noncitizen physician to enable him or
 her to secure citizenship or permanent resident  status,  provided  such
 status is being actively pursued; and provided further that the board of
 regents  may  grant  an additional three year waiver, and at its expira-
 tion, an extension for a period not to exceed six additional years,  for
 the  holder  of an H-1b visa, an O-1 visa, or an equivalent or successor
 visa thereto;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07996-01-3
 S. 6281                             2

 
   § 3. Subdivision 6 of section 6554 of the education law, as amended by
 chapter 669 of the laws of 2022, is amended to read as follows:
   (6)  Citizenship or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or a noncitizen lawfully admitted for permanent resi-
 dence in the United States;
   § 4. Subdivision 6 of section 6604 of the education law, as amended by
 chapter 669 of the laws of 2022, is amended to read as follows:
   (6) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or a noncitizen lawfully admitted for permanent  resi-
 dence in the United States; provided, however, that the board of regents
 may  grant  a  three year waiver for a noncitizen to practice in an area
 which has been designated a federal dental health  professions  shortage
 area, except that the board of regents may grant an additional extension
 not  to  exceed six years to a noncitizen to enable him or her to secure
 citizenship or permanent resident status, provided such status is  being
 actively pursued;
   § 5. Subdivision 6 of section 6609 of the education law, as amended by
 chapter 669 of the laws of 2022, is amended to read as follows:
   (6)  Citizenship or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or a noncitizen lawfully admitted for permanent resi-
 dence in the United States; provided, however, that the board of regents
 may grant a three year waiver for a noncitizen to practice  in  an  area
 which  has  been designated a federal dental health professions shortage
 area, except that the board of regents may grant an additional extension
 not to exceed six years to a noncitizen to enable him or her  to  secure
 citizenship  or permanent resident status, provided such status is being
 actively pursued;
   § 6. Subdivision 6 of section 6704 of the education law, as amended by
 chapter 669 of the laws of 2022, is amended to read as follows:
   (6) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or a noncitizen lawfully admitted for permanent  resi-
 dence  in the United States; provided, however that the board of regents
 may grant a one-time three-year waiver for a veterinarian who  otherwise
 meets  the requirements of this article and who has accepted an offer to
 practice veterinary medicine in a county in the state which the  depart-
 ment  has certified as having a shortage of qualified applicants to fill
 existing vacancies in veterinary medicine, and provided further that the
 board of regents may grant an extension of such three-year waiver of not
 more than one year;
   § 7. Subdivision 6 of section 6711 of the education law, as amended by
 chapter 669 of the laws of 2022, is amended to read as follows:
   6. Citizenship or immigration status: be a United States  citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or a noncitizen lawfully admitted for permanent  resi-
 dence  in the United States; provided, however that the board of regents
 may grant a one-time three-year waiver for an animal  health  technician
 who  otherwise  meets  the  requirements  of  this  article and provided
 further that the board of regents may grant an extension of such  three-
 year waiver of not more than one year;
   §  8.  Paragraph  6  of subdivision 1 of section 6805 of the education
 law, as amended by chapter 669 of the laws of 2022, is amended  to  read
 as follows:
 S. 6281                             3

   (6)  Citizenship or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or a noncitizen lawfully admitted for permanent resi-
 dence in the United States;
   §  9.  Subdivision 6 of section 6955 of the education law, as added by
 chapter 669 of the laws of 2022, is amended to read as follows:
   6. Citizenship or immigration status: be a United States  citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or a noncitizen lawfully admitted for permanent  resi-
 dence in the United States.
   §  10.  Paragraph  6 of subdivision 1 of section 7206 of the education
 law, as amended by chapter 669 of the laws of 2022, is amended  to  read
 as follows:
   (6)  Citizenship or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or a noncitizen lawfully admitted for permanent resi-
 dence in the United States;
   § 11. Paragraph 6 of subdivision 1 of section 7206-a of the  education
 law,  as  amended by chapter 669 of the laws of 2022, is amended to read
 as follows:
   (6) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or a noncitizen lawfully admitted for permanent  resi-
 dence in the United States;
   §  12.  Paragraph  6 of subdivision 1 of section 7324 of the education
 law, as amended by chapter 669 of the laws of 2022, is amended  to  read
 as follows:
   (6)  Citizenship or immigration status: be a United States citizen, AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS  PROGRAM, or a noncitizen lawfully admitted for permanent resi-
 dence in the United States;
   § 13. Paragraph 6 of subdivision 1 of section 7504  of  the  education
 law,  as  amended by chapter 669 of the laws of 2022, is amended to read
 as follows:
   (6) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or a noncitizen lawfully admitted for permanent  resi-
 dence in the United States;
   §  14.  Subdivision 5 of section 7804 of the education law, as amended
 by chapter 669 of the laws of 2022, is amended to read as follows:
   (5) Citizenship or immigration status: be a United States citizen,  AN
 INDIVIDUAL  ENROLLED  IN  THE  FEDERAL  DEFERRED  ACTION  FOR  CHILDHOOD
 ARRIVALS PROGRAM, or a noncitizen lawfully admitted for permanent  resi-
 dence in the United States;
   §  15.  This  act shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S6281

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Sponsored By

Luis R. Sepúlveda