What's happening
This bill prohibits New York colleges from inquiring about students' immigration status except when required by law, court order, or for tuition and financial aid.
Why it matters
Promotes privacy and safety for immigrant students. by sharply limiting when colleges can collect or inquire about immigration information, reducing the risk of that data being misused, lost, or shared with federal authorities.
Standardizes practices across all New York colleges. by requiring the Board of Regents to set clear statewide rules, ensuring students are treated equally regardless of which public college or university they attend.
Removes barriers for students from vulnerable backgrounds. (including undocumented immigrants and refugees), making it less intimidating for them to access higher education by ensuring their specific immigration status or country of origin is not routinely questioned or documented.
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Who cares
Headline styles
Protect Student Immigration Privacy
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Student Immigration Privacy
In Assembly Committee · Higher Education · Sponsor Nily Rozic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4079
2017-2018 Regular Sessions
IN SENATE
February 2, 2017
Introduced by Sens. STAVISKY, PERSAUD -- 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 immigration status of registered 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 224-b to read as follows:
§ 224-b. Immigration status of registered students. 1. Notwithstanding any provision of law to the contrary, no employee or officer of the university shall determine the specific details of a student's immigration status except when required by federal law, pursuant to a court order or as required in connection with tuition or financial aid eligibility.
2. The board of regents shall promulgate standards for all colleges and universities within the system to ensure that a student shall not be asked any questions on immigration status other than any required determination as required by subdivision one of this section that the student is an immigrant. In no case shall a student be required to provide any information on a student's lawful immigration status, status as a refugee, or status as an immigrant from any specific nation.
§ 2. The education law is amended by adding a new section 6204-b to read as follows:
§ 6204-b. Immigration status of registered students. 1. Notwithstanding any provision of law to the contrary, no employee or officer of the university shall determine the specific details of a student's immigration status except when required by federal law, pursuant to a court order or as required in connection with tuition or financial aid eligibility.
2. The board of regents shall promulgate standards for all colleges and universities within the system to ensure that a student shall not be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09673-01-7
S. 4079 2
asked any questions on immigration status other than any required determination as required by subdivision one of this section that the student is an immigrant. In no case shall a student be required to provide any information on a student's lawful immigration status, status as a refugee, or status as an immigrant from any specific nation.
§ 3. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review the judgment shall not be deemed to affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the controversy in which the judgement shall have been rendered.
§ 4. This act shall take effect immediately.
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 immigration status of registered students
Purpose or general idea of bill
This legislation would make it unlawful for any employee or officer of the city or state university to request the specific details of a student's immigration status except when required by federal law, pursuant to court order, or as required in connection with tuition or financial aid eligibility.
Summary of provisions
Section 1. Article 5 of the Education law is amended and a new section 224-B is added which outlines circumstances under which immigration status may be requested. The Board of Trustees of the city and state university will promulgate standards for all colleges and universities within the system to insure that a student shall not be asked any questions on immigration status other than any information required by subdivision one of this act. In no case shall anyone be required to provide any information on a student's lawful immigration status, as a refugee, or as an immigrant from any specific nation.
Section 2. Article 125 of the Education Law is amended and a new section 6204-B is added with the same wording as in Section 1.
Section 3. Severability. If any part of this act is judged by any court of competent jurisdiction to be invalid after exhaustive judicial review, it will not affect, impair or invalidate the remainder of the act but will be confined only to the portion directly involved in the controversy in which judgment shall have been rendered.
Justification
This proposal prohibits SUNY and CUNY employees from inquiring about a student's immigration status in order to prevent the federal government from deporting immigrant students. It would neutralize efforts to require universities to compile data regarding the number of foreign students, their countries of origin, and the programs in which they are enrolled. SUNY and CUNY would be prohibited from determining if a student was from a specific Muslim-majority nation, whether the student had proper immigration status or was undocumented. Additionally, SUNY and CUNY would be prohibited from participating in any federal immigration laws unless such participation was expressly required as a lawful and related condition of receiving federal higher education loans.
New York has always been a progressive leader in human rights. As a nation of immigrants, our diversity is what has made us a world leader and New York must reaffirm its commitment to all people, regardless of race, religion or national origin. Students, wherever they come from and regardless of their immigration status, must be free to study unfettered by the fear that they might end up on a deportation list developed by the very university at which they are studying.
SUNY has an estimated 22,140 international students with 320 from the seven countries on the travel ban list. CUNY has 8,881 foreign students with 120 who would be affected by the travel ban.
Our institutions of higher learning should focus on educating future generations of New Yorkers who will improve our state and grow our economy - not prosecuting students based on their religion or
nationality. SUNY and CUNY schools must remain places of dignified higher learning, not mechanisms to spy on students.
Prior legislative history
New bill.
Fiscal implications for state and local government
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.