Grants eligibility for student financial aid to persons granted deferred action for childhood arrival status and to certain non-residents of the state

Specific provisions

§ 1. subdivision 3 of section 661 of the education law, as amended by chapter 133 of the laws of 1982, is amended.

§ 2. Paragraphs a and b of subdivision 6 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, are amended.

§ 3. Paragraph d of subdivision 5 of section 661 of the education law, as amended by chapter 844 of the laws of 1975, is amended.

§ 4. paragraph e of subdivision 5 of section 661 of the education law, as added by chapter 630 of the laws of 2005, is amended.

§ 5. Paragraph h of subdivision 2 of section 355 of the education law is amended by adding a new subparagraph 10.

§ 6. Paragraph d of subdivision 5 of section 661 of the education law, as amended by chapter 844 of the laws of 1975, is amended.

§ 7. Paragraph e of subdivision 5 of section 661 of the education law, as added by chapter 630 of the laws of 2005, is amended.

§ 8. Paragraph h of subdivision 2 of section 355 of the education law is amended by adding a new subparagraph 10.

§ 9. Subdivision 7 of section 6206 of the education law is amended by adding a new paragraph (d).

§ 10. Section 6305 of the education law is amended by adding a new subdivision 8-a.

§ 11. Paragraph d of subdivision 3 of section 6451 of the education law, as amended by chapter 149 of the laws of 1972, is amended.

§ 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 of the education law, as added by chapter 917 of the laws of 1970, is amended.

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 short.age 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 recogni- tion for these promising and deserving young people.

Prior legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the ninetieth day after the issuance of regulations on the deferred action for childhood arrivals program by the United States Citizenship and Immigration Services, or on the ninetieth day after it shall have become a law, whichever shall be later, provided however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date; provided that the commis- sioner of education shall notify the legislative bill drafting commis- sion upon the occurrence of the issuance of the regulations on the deferred action for childhood arrivals program by the United States Citizenship and Immigration Services in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.