Provides that institutions of higher education shall compile reports regarding foreign students enrolled in such institutions

The bill also requires a compilation of statistical data regarding the number of foreign students at each college in New York State and the programs in which they are enrolled. Amendments to the bill make clear that the police may only contact the federal authorities should they encounter reported individuals. In addition, it makes clear that only statistical data should be collected, not names, addresses or other information linked in any way to an individual.

Summary of provisions

Section 1 provides that designated institutional officials report the failure of a nonimmigrant students with a (F-1), (F-2), (M-1) or (M-2) visa to register or report for classes pursuant to federal law and to the New York State Police. Additionally, section 1 provides that the State Police shall notify federal authorities upon encountering such a reported person, but shall not hold that person without reasonable suspicion that individual poses a direct threat to the safety of the citizens of the state.

Section 2 provides that every institution of higher education in New York State shall maintain an updated document, for each academic term, for enrolled nonimmigrant students containing the following information: the number of graduate and undergraduate students by country of origin; and the number of students enrolled by degree program and country of origin.

Section 3 provides that the data collected pursuant to section 2 be maintained in an electronic form which shall be submitted annually to the department within ninety days of the end of each academic year. Such information shall not include any identifying student information.

Section 4 provides the State Education Department shall produce a report, available upon request, summarizing the data provided in the aforementioned sections.

Section 5 provides that the commissioner, if it has been deemed an institution has violated the provisions of this section, is authorized to, after providing the institution with notice and the opportunity for a hearing, impose corrective actions and/or fines not exceeding one thousand dollars per violation, or in the case of a repeated violation, not to exceed two thousand dollars. Additionally, a second instance of violation shall be reported by the commissioner to the US Department of Homeland Security. EXISTING LAW :

Federal law requires institutions of higher education to report to the Department of Homeland Security if a nonimmigrant student fails to register or report for classes.

Justification

New York State's colleges and universities have a long and proud tradition of international cooperation and collaboration. New York currently hosts 128,308 students on F and M visas from countries around the world, providing them with a superior education in every conceivable subject. New York State hosts the third highest number of international students (over 130,000) each year among US states. However, the events of September 11, 2001 and in San Bernardino, California on December 2, 2015 have highlighted security concerns related to undocumented nonimmigrant persons in the United States.

The Department of Homeland Security will provide over $52 million in funding to New York State to prevent, protect against, respond to, and recover from acts of terrorism and disasters. In 2015, there were more threats against the United States than in the previous three years combined. Additionally, 26 student visa holders have been arrested in the U.S. on terror-related charges since 2001. In December 2015, the New York Daily News reported that New York leads the nation in ISIS-related arrests. Further, two previous directors of the FBI noted the need for more cooperative measures in combating terrorism at home.

Colleges and universities who host students are currently required to notify the Department of Homeland Security of a nonimmigrant students fails to register or report for classes; this legislation extends that notification to New York State Police, and requires institutions of higher education to maintain a database of the number of foreign students at each college and the programs in which they are enrolled.

Legislative history

2015: S.218 - Referred to Higher Education

Fiscal implications

None. All of the information required to be collected is already being collected as required by federal law. The cost of filing the information in electronic form is minimal. The cost of reporting those very few students who have failed to comply with student visa rules and regulations is minimal.

Effective date

This act shall take effect on the first of August next succeeding the date on which it shall have become law.