What's happening
This bill allows individuals enrolled in the federal Deferred Action for Childhood Arrivals (DACA) program to apply for professional licenses in New York.
Why it matters
Expands access to professional careers for DACA recipients. By allowing individuals in the DACA program to apply for professional licenses, the bill opens up opportunities in fields like medicine, dentistry, veterinary medicine, pharmacy, engineering, and more, which were previously restricted to citizens or permanent residents.
Addresses workforce shortages in critical sectors. Many of the licensing waivers and exceptions referenced in the existing law are designed to fill shortages (e.g., in underserved medical areas or veterinary shortages). Allowing DACA recipients to obtain licenses could help alleviate these shortages with qualified professionals already living in New York.
Reduces barriers to economic self-sufficiency for immigrants. DACA recipients are often educated in the U.S. and have completed the necessary academic and professional requirements. This legislation enables them to fully use their skills, potentially increasing state tax revenues and reducing reliance on public assistance.
Signals a welcoming stance toward immigrants at the state level. This measure sets New York apart from states with more restrictive licensing laws, reinforcing the state’s commitment to inclusion and potentially attracting talented young professionals to remain in or relocate to New York.
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Who cares
Headline styles
Allow DACA Recipients Licenses
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
1 Co-sponsor
History
- Referred to higher education
- Referred to higher education
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1704
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. SEPULVEDA -- 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 permitting individuals enrolled in the federal deferred action for childhood arrivals program to apply for professional licenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6501 of the education law is amended by adding a new subdivision 3 to read as follows:
3. Notwithstanding any provision of law to the contrary, a qualified applicant shall include individuals enrolled in the federal deferred action for childhood arrivals program who meets all additional requirements prescribed for in the article for such particular profession.
§ 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 , an individual enrolled in the federal deferred action for childhood arrivals program, 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 visa, or an equivalent or successor visa thereto;
§ 3. 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07057-01-9
S. 1704 2
(6) Citizenship or immigration status: be a United States citizen, an individual enrolled in the federal deferred action for childhood arrivals program, or an alien lawfully admitted for permanent residence in the United States;
§ 4. 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, an individual enrolled in the federal deferred action for childhood arrivals program, 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;
§ 5. 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, an individual enrolled in the federal deferred action for childhood arrivals program, 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;
§ 6. 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, an individual enrolled in the federal deferred action for childhood arrivals program, or an alien lawfully admitted for permanent residence in the United States; provided, however that the board of regents may grant a one-time three-year 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 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;
§ 7. 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, an individual enrolled in the federal deferred action for childhood arrivals program, or an alien lawfully admitted for permanent residence in the United States; provided, however that the board of regents may grant a one-time three-year 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;
§ 8. 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, an individual enrolled in the federal deferred action for childhood
S. 1704 3
arrivals program, or an alien lawfully admitted for permanent residence in the United States;
§ 9. 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, an individual enrolled in the federal deferred action for childhood arrivals program, or an alien lawfully admitted for permanent residence in the United States.
§ 10. 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, an individual enrolled in the federal deferred action for childhood arrivals program, or an alien lawfully admitted for permanent residence in the United States;
§ 11. 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, an individual enrolled in the federal deferred action for childhood arrivals program, or an alien lawfully admitted for permanent residence in the United States;
§ 12. 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, an individual enrolled in the federal deferred action for childhood arrivals program, or an alien lawfully admitted for permanent residence in the United States;
§ 13. 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, an individual enrolled in the federal deferred action for childhood arrivals program, or an alien lawfully admitted for permanent residence in the United States;
§ 14. 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, an individual enrolled in the federal deferred action for childhood arrivals program, or an alien lawfully admitted for permanent residence in the United States;
§ 15. This act shall take effect on the sixtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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 permitting individuals enrolled in the federal deferred action for childhood arrivals program to apply for professional licenses
Purpose or general idea of the bill
Relates to permitting individuals enrolled in the federal deferred action for childhood arrivals program to apply for professional licenses.
Summary of specific provisions
Section 1: Section 6501 of the education law is amended by adding a new subdivision 3 to read as follows: Notwithstanding any provision of law to the contrary, a qualified applicant shall include individuals enrolled in the federal deferred action for childhood arrivals program who meets all additional requirements prescribed for in the article for such particular profession.
Read the full memo (948 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, an individual enrolled in the federal deferred action for childhood arrivals program, 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 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 exten- sion for a period not to exceed six additional years, for the holder of an H-lb visa, an 0-1 visa, or an equivalent or successor visa thereto;
Section 3: This act shall take effect immediately.
Justification
As a general rule, state law and state licensing boards govern the eligibility requirements for professional licenses, including immi- gration status. However, federal law prohibits undocumented immigrants from obtaining professional licenses, unless a state specifically enacts legislation that permits an undocumented immigrant to obtain a profes- sional license. A professional license authorizes practitioners of certain professions, such as medicine, law, social work, and cosmetology to work in a given industry. The licensing process exists to regulate a standard of skill and quality of service. Requirements to successfully gain a professional license vary between industries and states, and can consist of a combination of written examinations, demonstrated work experience and higher education.
Currently, ten states, including the state of California, alloys some populations of undocumented immigrants to become professionally licensed in all or some occupations. For example, in California, undocumented immigrants can get any of 40 professional licenses available under state law so long as they meet all other eligibility requirements, and they can produce a federal individual Taxpayer Identification Number (ITIN) rather than a Social Security number (SSN).
There are many benefits associated with permitting professional licenses to individuals enrolled in the federal deferred action for childhood arrivals program to apply for professional licenses. These benefits consist of boosting State economy, allowing immigrants to fill job demands, allowing the State to benefit from educational investments, and promoting economic self-sufficiency within immigrant communities.
Granting professional licenses to undocumented immigrants would boost state economy. The United States' 42 million immigrants make rich economic and social contributions to communities across the country. Our country currently has a 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. Another study reported that undocumented immigrants in Texas who were employed in various industries in 2014 contributed nearly 1 billion dollars in state and local taxes. The increase in wages that would result from fully employing highly-skilled immigrant professionals could add millions of dollars in tax revenues.
Allowing Immigrants to obtain processional licenses will fill Job Demands. 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 as there are not enough current college graduates entering these fields. Granting professional licenses to undocumented college graduates would allow these jobs to be filled and contribute to the state's workforce.
Allowing Immigrants to obtain professional licenses will benefit New York States educational investment. Prior educational investment is the crux of many arguments in support of expanding access to higher educa- tion and professional licensing to undocumented students educated in public schools across the country. Granting professional licenses to undocumented students who have benefited from American public education allows them to join the workforce and contribute to the state's economy thus allowing the state to get a return on its investment.
Lastly, allowing immigrants to obtain processional licenses will promote economic self-sufficiency within immigrant communities. Granting professional licenses to undocumented immigrants would empower immi- grants to become economically self-sufficient and allow them to partic- ipate in the development of their communities.
Undocumented immigrant youth represent a largely untapped source of talent. They have gone through the U.S. public school system but, until recently, many have been stymied in their quest for higher education and relevant careers because they have not been eligible for in-state tuition at public colleges and universities, putting higher education out of reach financially. Even for those who could obtain a degree, work in their chosen field was not available to them due to their current status.
Prior legislative history
S.8374 OF 2018, referred to higher education
Fiscal implications for state and local government
None
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.