What's happening
This bill requires New York colleges to report certain nonimmigrant student visa violations to state police, maintain enrollment data, and face penalties for noncompliance.
Why it matters
Increases state law enforcement involvement in visa compliance. Colleges must now report certain nonimmigrant (F-1, F-2, M-1, M-2 visa) student violations simultaneously to both federal authorities (as already required) and the New York State Police, potentially leading to more direct state-level action and scrutiny of international students.
Mandates detailed, ongoing data collection and reporting. All qualifying New York institutions must collect and maintain term-by-term aggregate data on nonimmigrant students’ enrollment by country of origin and degree program, increasing transparency and oversight of international student populations.
Imposes significant penalties for institutional noncompliance. Institutions failing to meet these new requirements face fines (up to $2,000 per violation for repeat offenses) and risk losing eligibility to enroll foreign students if violations persist, raising the stakes for administrative compliance and possibly affecting institutional revenue and reputation.
Includes privacy safeguards but may still raise concerns. While data reported to the state must be quantitative and cannot include personally identifying information, the required reporting of individual visa violations to state police could heighten privacy and civil rights concerns among international student communities.
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Who cares
Headline styles
Track Foreign College Students
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to higher education
- Referred to higher education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2061
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sens. LAVALLE, CROCI, LARKIN, MARCHIONE, MURPHY, RANZEN- HOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to institutional requirements regarding nonimmigrant students
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding a new section 207-b to read as follows:
§ 207-b. Institutional requirements regarding nonimmigrant students. 1. Whenever a designated school official becomes aware that a nonimmigrant student with a (F-1), (F-2), (M-1) or (M-2) visa has failed to register for classes as scheduled or who has failed to report to the designated school official at the time he or she is expected to commence his or her program of study, such official shall simultaneously report such noncompliance pursuant to the requirements of federal law and to the New York state police. Upon encountering a person who has been reported to it pursuant to this section, the New York state police shall immediately notify the proper federal authorities regarding such person's whereabouts. The New York state police shall not hold such person unless it has reasonable suspicion that the person poses a threat to the safety of the citizens of the state. For the purposes of this section, "designated school official" shall mean those administrators on an institution's campus as defined under title 8 of the code of federal regulations (8 CFR): subchapter B, immigration regulations 8 CFR part 214--nonimmigrant classes, petitions for approval of schools.
2. Every institution licensed in accordance with article one hundred one of this chapter or authorized by the legislature or by the regents of the state of New York to confer academic degrees in this state and that has been approved by the United States to accept foreign students under title 8 of the federal regulations (8CFR 214) shall maintain and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07871-01-7
S. 2061 2
update, on hard copy and in electronic form, for each academic term, for enrolled nonimmigrant students, the following information:
a. the number of graduate and undergraduate students, by country of origin; and
b. the number of students enrolled by degree program and country of origin.
3. Any data collected pursuant to subdivision two of this section shall be maintained in an electronic form, in a format established by the department, and shall be submitted annually to the department within ninety days of the end of each academic year. Such information shall only be used by the department for the purposes set forth in subdivision four of this section. Such data shall not include any individual's name, address or other information that may identify any individual. Such data shall only be quantitative in form and function.
4. The department shall produce a report, that shall be available upon request, that provides data regarding the information collected pursuant to subdivision two of this section.
5. If the commissioner determines, after providing the institution with notice and the opportunity for a hearing, that an institution has violated the provisions of this section, the commissioner shall be authorized to issue an order directing that the institution take corrective action and/or imposing a fine not to exceed one thousand dollars per violation, or, in the case of a second or further violation within the previous two years or any failure to comply with an order for corrective action, a fine not to exceed two thousand dollars per violation. Such hearing shall be conducted in the same manner as a hearing pursuant to subdivisions two and three of section five thousand three of this chapter. In assessing the penalty, the commissioner shall give due consideration to the size of the institution, the good faith of the institution, the gravity of the violations, the history of past violations, if any, and the extent to which the institution has taken remedial measures to prevent future violations. In addition, the commissioner shall report a finding of a second instance of noncompliance to the United States department of homeland security and may recommend to such department that it revoke such institution's eligibility to receive foreign students for a period of one year.
§ 2. This act shall take effect on the first of August next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to institutional requirements regarding nonimmigrant students
Purpose
Proves that institutions of higher education shall compile reports regarding foreign students enrolled in such institutions.
This bill will require degree granting institutions in New York State, who accept foreign students, to report to the State Police whenever a foreign student has failed to maintain his or her legitimate status as a foreign student at that institution. Currently foreign students that are no longer attending school, have failed to appear or failed to register for classes, are in violation of their student visa. Current law requires that the institution report this information to the U.S. Department of Homeland Security. Although this becomes known to the United States Department of Homeland Security, the college is not required to make a proactive report to New York State enforcement authorities.
Read the full memo (822 words)
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 they are enrolled in. Amendments to the bill make clear that the police may only contact the federal authorities should they encounter reported individuals. In addition, it makes it 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 student 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, 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 State Education Department within ninety days of the end of each academic year. Such information shall not include any identifying student information.
Section 4. Provides that the Department of Education shall produce a report, available upon request, summarizing the data provided in the aforementioned sections.
Section 5. Provides that the Commissioner of the State Department of Education, 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 exceeding two thousand dollars. Additionally, a second instance of violation shall
be reported by the commissioner to the United State Department of Homeland Security.
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. However, the events on September 11, 2001 in New York City and in San Bernardino, California on December 2, 2015 have highlighted security concerns related to undocumented nonimmigrant person in the United States.
A September 2014 news story by ABC revealed that there were over 58,000 students who have overstayed their visas in that year alone and over 6,000 whose location is unknown. Additionally, 26 student visa holders have been arrested in the U.S. on terror-related charges since 2001. New York State hosts the third highest number of international students (over 130,000) each year among the U.S. states.
Colleges and universities who host students are currently required to notify the Department of Homeland Security if 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 programs in which they are enrolled.
Legislative history
2015-16 S.218A; 2013-14 S.1565; 2011-12 S.3388; 2009-10 S.2523; 2007-2008, S.2602; 2005-2006, S.838-A; 2003-2004, S.345-A; 2001-2002, S.6043-B.
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 a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.