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S2550Senate2019-2020 SessionSame asA5273

Protect Student Immigration Privacy

Official title

“Relates to immigration status of registered students”

Sponsor Toby Ann StaviskySD-16+6 co-sponsorsAffects Education
Status
In Senate Committee
Higher Education
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Higher Education

What's happening

This bill prohibits New York colleges from inquiring about or determining students’ detailed immigration status except as required by law.

Why it matters

  1. Protects student privacy and limits data sharing. By restricting colleges from collecting or inquiring about detailed immigration status, the bill helps prevent sensitive information from being stored, shared, or potentially exposed, reducing the risk of misuse or targeting of students.

  2. Promotes educational access for immigrants. The bill aims to reduce barriers and fears for undocumented, refugee, or international students, making it less likely that students will avoid applying, enrolling, or seeking campus services due to concerns about their immigration status being scrutinized.

  3. Creates uniform standards across NY colleges. The requirement for boards of trustees and regents to set clear rules ensures consistency in how immigration status is handled, which can help avoid confusion, discrimination, or uneven treatment between institutions.

  4. Limits exceptions strictly to legal requirements. By only allowing inquiry into immigration status when mandated by federal law, court order, or for tuition/financial aid eligibility, the bill minimizes arbitrary or excessive data collection, reinforcing student trust in campus administration.

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Who cares

Headline styles

Protect Student Immigration Privacy

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Toby Ann Stavisky

Senator · Senate District 16

Chair, Higher Education

History

  1. Print number 2550a
  2. Amend and recommit to higher education
  3. Referred to higher education
  4. Returned to senate
  5. Died in assembly
  6. Referred to higher education
  7. Delivered to assembly
  8. Passed senateVote 40–22
  9. Ordered to third reading cal.1157
  10. Committee discharged and committed to rules
  11. 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.

A5273Assembly

Protect Student Immigration Privacy

In Assembly Committee · Higher Education · Sponsor Nily Rozic

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2550--A

2019-2020 Regular Sessions

IN SENATE

January 28, 2019

Introduced by Sens. STAVISKY, BIAGGI, KRUEGER, MONTGOMERY, MYRIE, RAMOS, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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 355-d to read as follows:

§ 355-d. 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 trustees 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 6206-a to read as follows:

§ 6206-a. 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01133-04-0

S. 2550--A 2

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.

§ 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, pursu- ant to court order, or as required in connection with tuition or finan- cial aid eligibility.

Summary of provisions

Section 1. Article 8 of the Education law is amended and a new section 355-d 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 ques- tions 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 6206-a 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 targeted by the ban, as well as whether the student had proper immigration status or was undocumented. Additionally, SUNY and CUNY would be prohibited from assisting the federal government in enforcing federal immigration laws unless such participation was expressly required as a lawful and related condition of receiving federal higher education funds.

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 prosecut- ing 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

2017-18: referred to higher education.

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.