Establishes the New York dream act, providing certain benefits to undocumented immigrants that satisfy certain criteria

Summary of provisions

Section 1 entitles the bill the "New York State Dream Act".

Section 2 of the bill amends Education Law §661(3) to eliminate the requirement that an applicant for an award be a U.S. citizen, LPR, or a refugee.

Section 2 creates and defines the term "Qualified Students" which estab- lishes the eligibility requirements for applicants for loans and awards at the undergraduate and graduate level of study. The term Qualified Students includes people who are already eligible for awards under the current law, which are people with lawful status. Qualified Students also expands the eligibility requirements to people without lawful immi- gration status as long as they fulfill the other requirements outlined by the statute. The section uses the term "lawfully present in the United States" because it is used in 8 U.S.C. § 1623 and has an existing definition in Federal law.

Section 2 also includes a "transition provision" which permits a subset of individuals who would not otherwise be eligible for awards and loans based on their date of graduation from high school or the date that they obtained a New York state G.E.D., to take advantage of state awards and loans. The purpose of the "transition provision" is to permit undocu- mented students, who were relying on the Federal Dream Act for educa- tional opportunities, to benefit from the New York Dream Act.

Section 3 of the bill repeals Education Law §661(4)(b-1)(i), which establishes a citizenship requirement for the tuition assistance program.

Section 4 of the bill repeals Education Law §661(5)(a), which estab- lishes residency requirements for awards and loans for undergraduates under the current law. We repealed this section because we already established all eligibility requirements for awards and loans for under- graduates under Education Law §661(3) by amending Education Law §661(3) in Section 2 of the Dream Act.

Section 5 of the bill repeals Education Law §661(5)(b), which estab- lishes residency requirements for awards and loans for graduates under the current law. We repealed this section because we already established

all eligibility requirements for awards and loans for graduates under Education Law §661(3) by amending Education Law §661(3) in Section 2 of the Dream Act.

Section 6 of the bill amends Education law §661(5)(d) to clarify that if an applicant for tuition assistance does not have a New York State resi- dence, the applicant shall be deemed to reside in the geographic area of the institution of higher education in which he or she attends for purposes of an award allocated on a geographic basis.

Section 7 of the bill amends Education Law §661(5)(e) to state that any member, or the spouse or dependent of a member, of the armed forces of the United States on full-time active duty and stationed in this state is eligible for awards and loans, regardless of whether or not they are a "Qualified Student."

Section 8 of the bill would add a new Education Law §355(2)(h)(10) to provide that qualified students at SUNY may have the payment of tuition and other fees and charges reduced by loans and awards.

Section 9 of the bill adds a new Education Law §6206(7)(d) to provide that Qualified Students at CUNY may have the payment of tuition and other fees and charges reduced by loans and awards.

Section 10 of the bill adds a new Education Law §6305(8-a) to provide that qualified students at community colleges may have the payment of tuition and other fees and charges reduced by loans and awards.

Sections 11 and 12 of the bill amend Education Law § 6451(3)(d) and 6452(4)(a)(v) to allow undocumented students who participate in the higher education programs to receive supplemental financial assistance provided that the student meets the requirements in Education Law 661(3)(a)(ii) or (b)(ii).

Section 13 of the bill amends Education Law §6455(2)(a) to allow an an undergraduate applicant for the college science and technology entry program who is not a resident of the state to be eligible for an award at the undergraduate level of study provided that he or she is a "Quali- fied Student" as amended by Section 2 of this bill.

Section 14 of the bill amends Education Law §6455(3)(a) to provide that Qualified Students at the graduate level of study may have the payment of tuition and other fees and charges reduced by loans and awards.

Sections 15 and 16 of the bill amends Education Law § 695-e(2)(a)(i) and (a)(iii) to allow individuals with a taxpayer identification number (ITIN) to open a family tuition account and/or be a designated benefici- ary under the New York State College Tuition Savings Program, unless the account was in effect prior to the effective date of this chapter does not allow for an ITIN, in which case an ITIN shall be allowed upon expi- ration of the contract.

Section 17 is the effective date.

Justification

As a state with one of the largest immigrant populations, NY should be at the forefront of progressive immigration policies, pushing back on the tide of national and local anti-immigrant policies. The NY Dream Act will respect the dignity and contributions of undocumented youth in the state by giving them access to state financial aid programs.

This bill is about access to education, but it is also about providing a pathway to economic prosperity for both the individual receiving the education and for the state. Increasing the education level of workers also increases their productivity, and the more highly educated the state's labor force, the more attractive the state is as a place to locate businesses.

There are currently an estimated 475,000 undocumented immigrants in the New York State labor force. Having large numbers of undocumented workers should not be considered a permanent situation: federal reform is urgently needed to fix immigration policy. But gridlock at the federal level should not prevent New York State from investing in its own econo- my.

The National Skills Coalition reports that New York is facing a shortage of workers who have the required skill level for most job openings. New York would benefit greatly from undocumented students receiving access to a college education. In fact, NSC also estimates that 39% of all future job openings will require at least an associate's degree.

Furthermore, it is universally accepted that those who pay taxes should benefit from those taxes, whether those benefits be public safety or access to higher education.

According to the Institute for Taxation and Economic Policy, undocu- mented immigrants paid over $662 million in taxes to New York State in 2010, making it the state with the fourth highest revenue in taxes from undocumented immigrants. They paid approximately; $104.4 million in personal income taxes, $95 million in property taxes, and over $463 million in sales taxes. It is unjust, unfair and unAmerican to collect well over a half a billion dollars in tax revenue from undocumented immigrants only to deny them financial support that is granted to other New Yorkers.

Despite an unprecedented year of action and escalation taken by undocu- mented youth, the United States Congress failed to pass the DREAM Act in 2010. This has left undocumented youth in NY without any form or relief. It is now up to the State of NY to provide dignity and recognition for these promising and deserving young people.

Legislative history

03/22/11 REFERRED TO FINANCE 11/30/11 AMEND AND RECOMMIT TO FINANCE

11/30/11 PRINT NUMBER 4179A 12/06/11 AMEND AND RECOMMIT TO FINANCE 12/06/11 PRINT NUMBER 4179B 01/04/12 REFERRED TO FINANCE 02/24/12 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED 03/12/12 COMMITTEE DISCHARGED AND COMMITTED TO RULES

Fiscal implications

As per the analysis of the Fiscal Policy Institute as well as the State Education Department, it is estimated that this legislation will only cost an additional 1% or 2% of current TAP funding.

Effective date

This act shall take effect on July 1, 2013.