What's happening
This bill removes United States citizenship and immigration status requirements for professional licensure applicants in New York.
Why it matters
Expands access to professional careers. By eliminating citizenship and immigration status requirements, this bill allows undocumented immigrants and non-citizens to apply for state professional licenses, making it possible for more qualified individuals to enter fields such as medicine, dentistry, veterinary medicine, pharmacy, architecture, and others.
Addresses workforce shortages. The removal of these barriers could help alleviate shortages in critical professions—especially in underserved communities—by enabling a broader pool of candidates, regardless of immigration status, to fill needed roles.
Shifts focus to qualifications and accountability. The bill ensures applicants are still vetted by requiring either a Social Security Number or Individual Taxpayer Identification Number, maintaining a system of accountability while emphasizing professional competence over legal status.
Reflects changing state policy on immigrant integration. This legislative change signals a shift in New York’s approach to integrating immigrants, promoting economic contribution and professional participation of non-citizens, and aligning with broader efforts to reduce barriers for immigrant communities.
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Who cares
Headline styles
End License Citizenship Barriers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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.
Remove Citizenship for Licenses
In Assembly Committee · Higher Education · Sponsor Felix Ortiz
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8259
IN SENATE
April 24, 2018
Introduced by Sen. PERALTA -- 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 removing citizenship and immigration status requirements for applicants for licensure for certain professions
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 6501-a to read as follows:
§ 6501-a. Citizenship status; identification. 1. a. Except as provided in paragraph (f) of subdivision six of section sixty-five hundred six of this article, the department shall not deny licensure to an applicant to practice any profession set forth in this title on the basis of such applicant's citizenship status or immigration status.
b. The department is authorized to promulgate rules and regulations necessary to implement the provisions of this subdivision.
2. Any application required by this title to be filed with the department by an individual applicant shall include either the individual taxpayer identification number or the social security number of the applicant.
§ 2. Subdivision 6 of section 6524 of the education law, as amended by chapter 379 of the laws of 2008, is amended to read as follows:
(6) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States; provided, however that the board of regents may grant a three year waiver for an alien physician to practice in an area which has been designated by the department as medically underserved, except that the board of regents may grant an additional extension not to exceed six years to an alien physician to enable him or her to secure citizenship or permanent resident status, provided such status is being actively pursued; and provided further that the board of regents may grant an additional three year waiver, and at its expiration, an extension for a period not to exceed six additional years, for the holder of an H-1b visa, an O-1
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10309-01-7
S. 8259 2
visa, or an equivalent or successor visa thereto] meet no requirement as to United States citizenship or immigration status;
§ 3. Paragraph 1 of subdivision 1 of section 6525 of the education law, as amended by chapter 133 of the laws of 1982, is amended to read as follows:
(1) A person who fulfills all requirements for a license as a physician except those relating to the examination [and citizenship or permanent residence in the United States];
§ 4. Subdivision 6 of section 6554 of the education law, as amended by chapter 133 of the laws of 1982, is amended to read as follows:
(6) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States] meet no requirement as to United States citizenship or immigration status;
§ 5. Subdivision 6 of section 6604 of the education law, as amended by chapter 403 of the laws of 2002, is amended to read as follows:
(6) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States; provided, however, that the board of regents may grant a three year waiver for an alien to practice in an area which has been designated a federal dental health professions shortage area, except that the board of regents may grant an additional extension not to exceed six years to an alien to enable him or her to secure citizenship or permanent resident status, provided such status is being actively pursued] meet no requirement as to United States citizenship or immigration status;
§ 6. Subdivision 7 of section 6604-b of the education law, as added by chapter 537 of the laws of 2008, is amended to read as follows:
7. [In order to be eligible for a restricted dental faculty license an applicant must be a United States citizen or an alien lawfully admitted for permanent residence in the United States; provided, however, that the department may grant a three year waiver for an alien who otherwise meets all other requirements for a restricted dental faculty license except that the department may grant an additional extension not to exceed six years to an alien to enable him or her to secure citizenship or permanent resident status, provided such status is being actively pursued.] No current faculty member shall be displaced by the holder of a restricted dental faculty license.
§ 7. Subdivision 6 of section 6609 of the education law, as amended by chapter 403 of the laws of 2002, is amended to read as follows:
(6) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States; provided, however, that the board of regents may grant a three year waiver for an alien to practice in an area which has been designated a federal dental health professions shortage area, except that the board of regents may grant an additional extension not to exceed six years to an alien to enable him or her to secure citizenship or permanent resident status, provided such status is being actively pursued] meet no requirement as to United States citizenship or immigration status;
§ 8. Subdivision 6 of section 6704 of the education law, as amended by chapter 201 of the laws of 2007, is amended to read as follows:
(6) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States; provided, however that the board of regents may grant a one-time threeyear waiver for a veterinarian who otherwise meets the requirements of this article and who has accepted an offer to practice veterinary medicine in a county in the state which the department has certified as
S. 8259 3
having a shortage of qualified applicants to fill existing vacancies in veterinary medicine, and provided further that the board of regents may grant an extension of such three-year waiver of not more than one year] meet no requirement as to United States citizenship or immigration status;
§ 9. Paragraph 1 of subdivision 1 of section 6707 of the education law, as amended by chapter 133 of the laws of 1982, is amended to read as follows:
(1) A person who fulfills all requirements for a license as a veterinarian except those relating to the examination [and citizenship or permanent residence in the United States];
§ 10. Subdivision 6 of section 6711 of the education law, as amended by chapter 80 of the laws of 2000, is amended to read as follows:
6. Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States; provided, however that the board of regents may grant a one-time threeyear waiver for an animal health technician who otherwise meets the requirements of this article and provided further that the board of regents may grant an extension of such three-year waiver of not more than one year] meet no requirement as to United States citizenship or immigration status;
§ 11. Paragraph 1 of subdivision 1 of section 6711-a of the education law, as amended by chapter 333 of the laws of 1990, is amended to read as follows:
1. Eligibility. Persons shall be eligible for a limited permit who fulfill all requirements for a license as a veterinary technician except those relating to the examination [and citizenship or permanent residence in the United States].
§ 12. Paragraph 6 of subdivision 1 of section 6805 of the education law, as amended by chapter 133 of the laws of 1982, is amended to read as follows:
(6) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States] meet no requirement as to United States citizenship or immigration status;
§ 13. Subdivision 6 of section 6905 of the education law, as amended by chapter 994 of the laws of 1971 and such section as renumbered by chapter 50 of the laws of 1972, is amended to read as follows:
(6) Citizenship or immigration status: meet no requirement as to United States citizenship or immigration status;
§ 14. Subdivision 6 of section 6906 of the education law, as amended by chapter 330 of the laws of 1981, is amended to read as follows:
(6) Citizenship or immigration status: meet no requirements as to United States citizenship or immigration status;
§ 15. Subdivision 6 of section 6955 of the education law, as added by chapter 327 of the laws of 1992, is amended to read as follows:
6. Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States] meet no requirement as to United States citizenship or immigration status.
§ 16. Subdivision 6 of section 7004 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows:
(6) Citizenship or immigration status: meet no requirements as to United States citizenship or immigration status;
§ 17. Subdivision 6 of section 7104 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows:
S. 8259 4
(6) Citizenship or immigration status: meet no requirement as to United States citizenship or immigration status;
§ 18. Paragraph 6 of subdivision a of section 7124 of the education law, as amended by chapter 475 of the laws of 1973, is amended to read as follows:
(6) Citizenship or immigration status: meet no requirement as to United States citizenship or immigration status;
§ 19. Paragraph 6 of subdivision 1 of section 7206 of the education law, as amended by chapter 133 of the laws of 1982, is amended to read as follows:
(6) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States] meet no requirement as to United States citizenship or immigration status;
§ 20. Paragraph 6 of subdivision 1 of section 7206-a of the education law, as amended by chapter 133 of the laws of 1982, is amended to read as follows:
(6) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States] meet no requirement as to United States citizenship or immigration status;
§ 21. Paragraph 6 of subdivision 1 of section 7304 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows:
(6) Citizenship or immigration status: meet no requirement as to United States citizenship or immigration status;
§ 22. Paragraph 6 of subdivision 1 of section 7324 of the education law, as amended by chapter 133 of the laws of 1982, is amended to read as follows:
(6) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States] meet no requirement as to United States citizenship or immigration status;
§ 23. Paragraph 6 of subdivision 1 of section 7404 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows:
(6) Citizenship or immigration status: meet no requirements as to United States citizenship or immigration status;
§ 24. Paragraph 6 of subdivision 1 of section 7504 of the education law, as amended by chapter 133 of the laws of 1982, is amended to read as follows:
(6) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States] meet no requirement as to United States citizenship or immigration status;
§ 25. Subdivision 6 of section 7603 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows:
(6) Citizenship or immigration status: meet no requirement as to United States citizenship or immigration status;
§ 26. Subdivision 5 of section 7804 of the education law, as amended by chapter 230 of the laws of 1997, is amended to read as follows:
(5) Citizenship or immigration status: [be a United States citizen or an alien lawfully admitted for permanent residence in the United States] meet no requirement as to United States citizenship or immigration status;
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§ 27. Subdivision 1 of section 7806 of the education law, as amended by chapter 230 of the laws of 1997, is amended to read as follows:
1. The department may issue a limited permit to practice massage therapy as a licensed massage therapist, masseur or masseuse to a person who has not previously held such a permit and who fulfills all except the examination [and citizenship] requirements for a license, provided however that a permit shall not be issued to a person who has failed the state licensing examination.
§ 28. Subdivision 6 of section 7904 of the education law, as amended by chapter 460 of the laws of 2011, is amended to read as follows:
(6) Meet no requirements as to United States citizenship or immigration status.
§ 29. Paragraph (f) of subdivision 1 of section 8305 of the education law, as added by chapter 905 of the laws of 1990, is amended to read as follows:
(f) Citizenship or immigration status: meet no requirements as to United States citizenship or immigration status;
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 removing citizenship and immigration status requirements for applicants for licensure for certain professions
Purpose
To reduce barriers for immigrants to obtain professional licenses to aide in filling state labor shortages and retaining skilled immigrants to capitalize on underutilized talent and to increase the economic bene- fits of immigrant income, spending, and tax revenues from better-paying jobs.
Summary of specific provisions
Section 1: The education law is amended by adding a new section 6501-a. Citizenship status, except as provided in paragraph (f) of subdivision six of section sixty-five hundred six of this article, the department shall not deny licensure to an applicant to practice any profession set forth in this title on the basis of such applicant's citizenship status or immigration status. Any application required by this title to be filed with the department by an individual applicant shall include either the individual taxpayer identification number or the social secu- rity number of the applicant.
Read the full memo (1,614 words)
Section 2: Subdivision 6 of section 6524 of the education law, as amended by chapter 379 of the laws of 2008, is amended to read as follows: Citizenship or immigration status: be a United States citizen or an alien lawfully admitted for permanent residence in the United States, provided, however that the board of regents may grant a three year waiver for alien physician to practice in an area which has been designated by the department as medically underserved, except that the board of regents may grant an additional extension not to exceed six years to an alien physician to enable him or her to secure citizenship or permanent resident status, provided such status is being actively pursued. Provided further that the board of regents may grant an addi- tional three year waiver, and at its expiration, an extension for a period not to exceed six additional years, for the holder of an H-1b visa, an O-1 visa, or equivalent or successor visa.
Section 3: Paragraph 1 of section 6525 of the education law, as amended by chapter 133 of the laws of 1982, is amended to eliminate citizenship and immigration requirements on license applications for physicians.
Section 4: Subdivision 6 of section 6554 of the education law, as amended by chapter 133 of the laws of 1982, is amended to specify that an applicant for a chiropractic license need not meet immigration or citizenship requirements.
Section 5: Subdivision 6 of section 6604 of the education law, as amended by chapter 403 of the laws of 2002, is amended to specify that an applicant for a dental license need not meet immigration or citizen- ship requirements.
Section 6: Subdivision 7 of section 6604-b of the education law, as added by chapter 537 of the laws of 2008, is amended to eliminate certain immigration and citizenship requirements from license applica- tions for dental faculty members.
Section 7: Subdivision 6 of section 6609 of the education law, as amended by chapter 403 laws of 2002, is amended to eliminate certain immigration and citizenship requirements from license applications for dental hygienists.
Section 8. Subdivision 6 of section 6704 of the education law, as amended by chapter 201 of the laws of 2007, is amended to eliminate certain immigration and citizenship requirements from license applica- tions for veterinarians.
Section 9. Paragraph 1 of subdivision 1 of section 6707 of the education law, as amended by chapter 133 of the laws of 1982, is amended to elimi- nate certain immigration and citizenship requirements from license applications for limited permits for the practice of veterinary medi- cine.
Section 10. Subdivision 6 of section 6711 of the education law, as amended by chapter 80 of the laws of 200, is amended to eliminate certain immigration and citizenship requirements from license applica- tions for animal health technicians.
Section 11. Paragraph 1 of subdivision 1 of section 6711-a of the educa- tion law, as amended by chapter 333 of the laws of 1990, is amended to eliminate certain immigration and citizenship requirements from license applications for veterinary technician.
Section 12. Paragraph 6 of subdivision 1 of section 6805 of the educa- tion law, as amended by chapter 133 of the laws of 1982, is amended to eliminate certain immigration and citizenship requirements from license applications for pharmacists.
Section 13. Subdivision 6 of section 6905 of the education law, as amended by chapter 994 of the laws of 1971 and such section as renum- bered by chapter 50 of the laws of 1972, is amended to eliminate immi- gration status requirements for registered professional nurse license applications.
Section 14. Subdivision 6 of section 6906 of the education law, as amended by chapter 330 of the laws of 1981, is amended to eliminate immigration status requirements for licensed practical nurse license applications.
Section 15. Subdivision 6 of section 6955 of the education law, as added by chapter 327 of the laws of 1992, is amended to eliminate certain immigration and citizenship requirements from license applications for professional midwives.
Section 16. Subdivision 6 of section 7004 of the education law, as added by chapter 987 of the laws of 1971, is amended to eliminate immigration status requirements for podiatrist applications.
Section 17. Subdivision 6 of section 7104 of the education law, as added by chapter 987 of the laws of 1971, is amended to eliminate immigration status requirements for optometrist applications.
Section 18. Paragraph 6 of subdivision a of section 7124 of the educa- tion law, as amended by chapter 475 of the laws of 1973, is amended to eliminate immigration status requirements for optician applications.
Section 19. Paragraph 6, of subdivision 1 of section 7206 of the educa- tion law, as amended by chapter 133 of the laws of 1982, is amended to eliminate certain immigration and citizenship requirements from license applications for professional engineers.
Section 20. Paragraph 6 of subdivision 1 of section 7206-a of the educa- tion law, as amended by chapter 133 of the laws of 1982, is amended to eliminate certain immigration and citizenship requirements from license applications for professional land surveyors.
Section 21. Paragraph 6 of subdivision 1 of section 7304 of the educa- tion law, as added by chapter 987 of the laws of 1971, is amended to eliminate immigration status requirements for architect applications.
Section 22. Paragraph 6 of subdivision 1 of section 7324 of the educa- tion law, as amended by chapter 133 of the laws of 1982, is amended to eliminate certain immigration and citizenship requirements from license applications for landscape architects.
Section 23. Paragraph 6 of subdivision 1 of section 7404 of the educa- tion law, as added by chapter 987 of the laws of 1971, is amended to eliminate immigration status requirements for certified public account- ants.
Section 24. Paragraph 6 of subdivision 1 of section 7504 of the educa- tion law, as amended by chapter 133 of the laws of 1982, is amended to eliminate certain immigration and citizenship requirements from license applications for shorthand reporters.
Section 25. Subdivision 6 of the section 7603 of the education law, as added by chapter 987 of the laws of 1971, is amended to eliminate immi- gration status requirements for psychologist applications.
Section 26. Subdivision 5 of section 7804 of the education law, as amended by chapter 230 of the laws of 1997, is amended to eliminate certain immigration and citizenship requirements from license applica- tions for massage therapists.
Section 27. Subdivision 1 of section 7806 of the education law, as amended by chapter 230 of the laws of 1997. To include massage thera- pist, masseur or masseuse.
Section 28. Subdivision 6 of section 7904 of the education law, as amended by chapter 460 of the laws of 2011, is amended to eliminate immigration status requirements for occupational therapist applications.
Section 29. Paragraph (f) of subdivision of section 8305 of the educa- tion law, as added by chapter 905 of the laws of 1990, is amended to eliminate immigration status requirements for interior designer applica- tions.
Justification
Granting professional licenses to undocumented immigrants would boost the state economy. The United States' 42 million immigrants make rich economic and social contributions to communities across the country. Our country and state currently have strong and well educated immigrant work force. Nearly 24% of community college students have an immigrant back- ground and 41% of arriving immigrants hold at least a bachelor's degree. The increase in wages that would result from fully employing highly skilled immigrant professionals could add thousands in dollars in tax revenues.
Many of the areas where professional licenses are required include high- paying and high-demand jobs. Jobs in areas such as the medical field or engineering represent high-earning positions that are currently vacant in certain parts of the country and state as there are not enough current college graduates entering these fields. Granting professional license to undocumented college graduates would allow these jobs to be filled and contribute to the state's workforce.
Prior educational investment is the crux of many arguments in support of expanding access to higher education and professional licensing to undocumented students educated in public schools across the country. Granting professional licenses to undocumented students who have bene- fited from American public education allows them to join the workforce and contribute to the state's economy without fear of deportation, thus allowing the state to get a return on its investment.
Granting professional licenses to undocumented immigrants would empower to become economically self-sufficient and allow them to participate in the development of their communities.
Prior legislative history
New Bill.
Fiscal implications
None. It would increase revenue through licensing fees.
Effective date
On the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.