Relates to the mandatory filing of a verified notification form and certificate of security information by colleges, universities and schools of higher education

1. That prior to receipt of any financial assistance from the state of New York or any of its political subdivisions, any college, university or other institute or school of higher education or vocational learning shall file with the office of the attorney general, a Notification Form, verified by the president or highest designated official of such institution, affirming that such institution has filed a Certificate of Security Information with the Federal Bureau of Investigation, the Division of Federal Immigration and Naturalization Services within the Department of Homeland Security and the Division of the New York State police. The filing of such Verified Notification Form would include a copy of the Certificate of Security Information so filed;

2. That such Certificate would provide the name; current street address; current email address; current telephone number; nation of origin; all courses enrolled in and/or registered for; and the Social Security Number or Taxpayer Identification Number or INS Documentation Information, for every student registered, attending or auditing such college, university, or other institute or school of higher or vocational learning who is not a citizen of the United States; and

3. That any such institution that fails to file the Notification of Filing and Certificate of Security Information prior to the commencement of the academic semester or provision of educational services, and that has received any financial assistance from the state of New York or any of its political subdivisions, shall be liable for a civil penalty of up to three times the amount of the financial assistance so received.

Justification

The attacks on the World Trade Center and Pentagon on September 11, 2001, taught all Americans, that we need to be more vigilant and concerned with our security. This bill would learn from the lessons of 911 and require that all colleges, universities or other institutes or schools of higher education or vocational learning, provide the Attorney General, the State Police, the FBI and INS with important information on students who are not United States Citizens.

Currently, both the FBI and INS have asked such institutions for such information, but because there is presently no mandate to provide the same, many such institutions have failed to, or refused to, comply. This places our security, state and nation at risk and without any appreciable gain in liberty or freedom to any citizen. This bill would mandate the provision of important information on students who are not United States citizens.

None of the information so provided would be violative of the student's rights, but would rather merely provide the proper authorities with the updated information they need to ensure that no immigration or security violations or risks are taking place.

As a result, no longer would the FBI or INS not know of the registration of illegal aliens in flight schools, biology programs that experiment with anthrax, or nuclear physics programs.

Fiscal implications

None noted.

Prior legislative history

2008: S.3742 - Referred to Finance.

Effective date

This act would take effect immediately.