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Enacts the "New York is home act" to establish New York state citizenship, regardless of immigration status, and providing certain rights and benefits to persons with such citizenship; repealer
In Assembly Committee · Governmental Operations · Sponsor Karim Camara
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7879
Title of bill
An act to amend the executive law, the election law, the public officers law, the tax law, the general obligations law, the education law, the alcoholic beverage control law, the general city law, chapter 882 of the laws of 1953, establishing a compact with the state of New Jersey for the elimination of criminal and corrupt practices in the handling of waterborne freight within the port of New York district, the public health law, the general business law, the real property law, the judiciary law, the vehicle and traffic law, the social services law and the correction law, in relation to enacting the "New York is home act" to establish New York state citizenship, regardless of federal immigration status, and requiring the provision of certain rights of such citizenship; to repeal subdivision 1 of section 502 of the vehicle and traffic law relating to applications for drivers' licenses; to repeal section 131-k of the social services law relating to illegal aliens; and to repeal subdivision 3 of section 661 of the education law relating to residency for eligibility for student financial aid
Purpose
To establish New York State citizenship, regardless of immi- gration status, and providing certain rights and benefits to persons with such citizenship.
Read the full memo (1,774 words)
Summary of provisions
(1) New York is Home Act. This is the act's short title.
(2) Eligibility Criteria. Any person who meets the following five crite- ria can qualify to apply for New York State citizenship.
* Can present proof of identity.
* Has resided in New York State for at least 3 years.
* Has paid required New York State taxes for at least 3 years.
* Pledges to abide by New York laws and uphold the State Constitution.
* Attests willingness to serve on New York juries and continue to pay state taxes.
New York State citizens shall be issued an identification card and number which they may use for identification purposes unless prohibited by federal law.
(3) Voting. The New York is Home Act extends voting rights to all State Citizens.
* State Citizens may vote in all State and local elections.
* Localities must honor the voting rights of all State Citizens, and may extend voting rights to other New York State residents who are not State Citizens.
* Voting is a fundamental right and responsibility in a democracy. The U.S. and New York State Constitutions permit the State to extend voting rights to non-U.S. citizens.
* Voting by non-U.S. citizens has a long historical precedent in the U.S., having taken place throughout our nation's history. At the begin- ning of the 20th century, at least 22 states and territories permitted non-U.S. citizens to vote in local, state, and national elections. Arkansas was the last state to end voting by non-U.S. citizens in 1926. In modern times, localities such as Takoma Park, Maryland and even New York City have extended voting to non-U.S. citizens for certain elections.
(4) Public Officers. The New York is Home Act extends the right to hold certain public offices to State Citizens.
State Citizens may hold civil office where permitted by the New York State Constitution.
Just as with voting, the principle of equal rights and equal responsi- bilities dictates that State Citizens should be able to serve the public.
(5) Confidentiality. The New York is Home Act prohibits:
* Retention of applicants' records after their applications for New York State Citizenship have been decided;
* The sharing of documentation provided by individuals in the course of applying for New York State Citizenship;
* Disclosure of any information that would identify an individual or group of individuals as State Citizens.
(6) Professional Licenses. The New York is Home Act amends the law to ease access to professional licenses for New York State Citizens by:
* Allowing State Citizens to apply for any professional license issued by the State of New York regardless of federal citizenship status.
* Allowing State Citizens to provide a State Citizen number instead of a social security number during the license application process.
* Licenses that State Citizens may be able to access under the bill include those required for attorneys, physicians, dentists, midwives, and others.
*This section has no impact on a State Citizen's authorization to work in the United States, which is a function of a person's federal immi- gration status,. Nothing about this act allows people without federal work authorization to access employment. opportunities that are other- wise unavailable to them because of their federal immigration status.
(7) Drivers Licenses. The New York Is Home Act amends the Vehicle and Traffic Law as follows:
* Allows drivers license applicants to rely on their New York State Citizen number as an alternative to a social security in the application process.
* Requires the DMV commissioner to promulgate rules clarifying that eligibility does not require a social security number, and providing a list of alternative proofs of identity, including but not limited to a New York State Citizen number.
* These amendments will ensure New York State Citizens may obtain a New York State drivers license.
(8) Human Rights Protections. The New York is Home Act expands the existing Human Rights Law to prohibit discrimination against an individ- ual on the basis of their real or perceived status as a New York State Citizen in the areas
* Employment and Employment Services
* Public Accommodation
* Housing and Real Estate
* Education
* Membership in Volunteer Fire Departments or Fire Companies
* Banking and Financial Services
* The act does not extend any additional rights or benefits to New York State Citizens with respect to employment, housing, Or financial services. Thus for example this section of the act does not provide work authorization for people who lack permission to work because of their federal immigration status. Rather this section simply ensures that New York State Citizens are protected from discrimination based on (a) their real or perceived status as New York State Citizens and (b) their real or perceived federal immigration status based on their possession of a New York State Citizen Identification Card.
(9) Social Services. The New York is Home Act extends benefits and protections to New York State Citizens under the social services law.
* State Citizens can qualify for State Medicaid coverage.
(10) DREAM. The New York is Home Act extends educational benefits to certain individuals, including but not limited to New York State Citi- zens by:
* Establishing the DREAM Fund to provide private scholarships to quali- fying students.
* Extending equal eligibility for in-state tuition, State financial aid and tuition assistance, and family tuition savings accounts to qualify- ing students regardless of their federal immigration status, including New York State Citizens as well as undocumented students.
(11) Detainers and Racial Profiling. The New York is Home Act puts limits on State and Local collaboration with Federal immigration enforcement programs by:
* Prohibiting State and local law enforcement officers from complying with Federal immigration detainer requests, which are voluntary requests to hold individuals for no other reason than to facilitate their depor- tation.
* Prohibiting Federal immigration officers from access to State and local facilities for the purpose of investigating violations of civil immigration law.
* Limiting information sharing by State and local law enforcement offi- cers unless Federal immigration authorities have a criminal warrant or legitimate law enforcement purpose unrelated to the enforcement of civil immigration law.
* Prohibiting racial profiling by State police.
(12) Home Rule. The New York is Home Act does not prevent localities from enacting any laws, policies, or regulations that further protect and promote the rights and integration of New York State Citizens or other immigrants with ties to New York State.
Justification
Citizenship should recognize and reward what we all contribute to our communities. Across our state, countless people are regular contributors to our economic vibrancy and vitality. They create jobs, pay taxes, run businesses, and drive the innovation that will shape our future. Documented and undocumented residents should be able to participate fully in the health and growth of our state. The New York is Home Act would foster that participation by extending the rights and responsibilities of state citizenship to all residents who demonstrate their ability to make New York a better and stronger place for everyone. This commonsense legislation would help increase the economic contrib- utions and political participation of nearly 3 million residents.
Current state law excludes many residents from voting rights, higher education, health care, drivers' licenses, and professional licenses. This exclusion is a loss for all of us, since it reduces the number of
people who can make our state stronger and better. The New York is Home Act would extend state citizenship to all residents who demonstrate they pay taxes, respect our laws, and are willing to perform jury duty. These residents will be able to apply for state citizenship through New York's Office for New Americans. Increasing their economic contributions and political participation will be a win for everyone: it will drive great- er job creation and business growth while making our electoral process fairer and more inclusive.
For documented and undocumented residents, New York is their home-and in many cases, it is the only home they have ever known. Most residents looking to contribute to and participate in a better and stronger New York want the same things: good schools, high-quality jobs, safe commu- nities, and a bright future for their kids. The New York is Home Act reflects our shared values as residents, and it should be embraced by all our elected officials. This legislation will enable the full and equal participation of everyone who makes this great state their home.
New York can and should be a national leader on immigrant. inclusion. This legislation is long overdue and absolutely urgent. It includes tuition equity, access to health care, drivers' licenses, professional licenses, the right. to vote and a ban on racial profiling. The New York is Home Act creates a smart model of immigrant inclusion for the rest of the country to replicate. At a time of federal inaction on comprehensive immigration reform, New York can step up as a national leader and show the way forward for other states. This bill respects the federal govern- ment's authority over federal immigration, while asserting New York's authority to define its citizenry and to distribute the benefits of state citizenship.
Legislative history
New Bill.
Fiscal implications
To be determined
Local fiscal implications
To be determined.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.