Register Refugees With State

Section two amends section 94-b of the executive law, relating to the Office for New Americans, to require the Office to screen and perform a background screening of every immigrant who registers pursuant to subdivision nine of section twenty of the social services law, to ensure that the immigrant does not present a security risk to the state or the United States. The office shall provide the results of each screening to the Department of Law, the Division of State Police, and the Division of Homeland Security and Emergency Services.

Section three amends subdivision 3 of section 20 of the social services law, relating to the powers and duties of the department of social services, to require the Office of New Americans to collect and maintain reports submitted by the refugee resettlement agencies pursuant to section fourteen hundred thirteen of the not-for-profit corporation law.

Section four amends section 20 of the social services law by creating a new subdivision 9, relating to the powers and duties of the department of social services, to require the bureau of refugee and immigrant assistance of the office of temporary and disability assistance (OTDA) to provide each alien who resides in the state, and who is admitted to the United States as a refugee or who was granted asylum pursuant, that he or she is required, within thirty days of entering the state to (i) register as a refugee with OTDA, (ii) be interviewed by and provide his or her fingerprints to an officer or employee of such office designated by the commissioner of OTDA. Additionally, the Commissioner is required to maintain all refugee registration data and information in an electronic database, and on a monthly basis forward a copy of the registration record of each refugee who registered during the preceding month, to the Office of Children and Family Services, the Department of Health, the Office for New Americans, the Department of Law, the Division of the State Police, and the Division of Homeland Security and Emergency Services. Further, the Commissioner is required to submit an annual report on the registration program to the governor, the temporary president of the senate, and the speaker of the assembly. The report will include the number of refugees who registered during the previous calendar year and their countries of origin. The bill also clarifies that the term "alien" shall have the same meaning as ascribed by § 101 of the United States Immigration and Nationality Act (8 U.S.C. 1101), which is "any person not a citizen or national of the United States."

Section five amends the not-for-profit corporation law by adding a new section 1413 relating to refugee resettlement agencies. A "refugee resettlement agency" means a voluntary agency, as defined pursuant to section one thousand four hundred eleven of the United States Immigration and Nationality Act, organization or affiliate of such agency or organization that receives federal funding for refugee reception and placement resettlement services or other federal grants intended for the support of refugee resettlement activities. Subdivision (b) establishes that each refugee resettlement agency shall report, on a quarterly basis, to the Bureau of Refugee and Immigrant Assistance of OTDA the total number of refugees resettled by the agency and the total of such refugees in the following age groups: (A) under eighteen years of age; (B) between eighteen and sixty-four years of age, and (C) sixty-five years of age or older, we well as the public assistance benefits the refugees have applied for or been granted, and the countries of origin of the refugees. Finally, each refugee resettlement agency shall monitor refugees who have been registered with OTDA pursuant to subdivision nine of section twenty of the social services law for a period of one year or until such time as a refugee is granted permanent resident status by the United States Citizenship and Immigration Services, whichever shall occur first.

Section six establishes the effective date.

Justification

The horrific terrorist attack on Paris, France on November 13, 2015 raises grave concerns regarding our current immigration policies and procedures. Evidence found in the wake of the attack revealed that one of the bombers was a part of a group of Syrian refugees which entered France back in October. Irrespective of evidence that terrorists entered France under the guise of refugee status, President Obama remains committed to accepting Syrian refugees into our borders, a policy which threatens the safety of each and every resident of this state. Immigration, while a cornerstone of our great nation, has proven to be a flawed system which has resulted in vulnerability to terrorist threats.

It is crucial that we take reasonable measures to protect our state's residents while working within the confines of federal law, and continuing to provide humanitarian relief. This piece of legislation accomplishes this fine balance, by requiring refugees, admitted by the federal government, to register, interview and provide fingerprints to the state's Bureau of Refugee and Immigrant Assistance (BRIA) within the Office of Temporary and Disability Assistance (OTDA). The Bureau is required to perform background checks on all individuals seeking refugee status within the state, monitor these individuals for any indications of terrorism and deny the issuance of state funded public assistance to individuals who fail to comply. The provisions of the bill allow New York to create its own mechanism to properly vet and monitor individuals seeking asylum within the state's borders while continuing necessary humanitarian efforts.

Legislative history

2016: S.6253-A, reported from Veterans, Homeland Security and Military Affairs and committed to Finance

Fiscal implications

None noted. EFFECTIVE DATE : This act shall take effect immediately.