Excludes illegal aliens from attending public post-secondary educational institutions; requires such educational institutions to verify the legal citizenship status of all students; requires such educational institutions to provide information regarding the attendance of suspected illegal aliens to the commissioner of education, the New York state attorney general and the United States immigration and naturalization service.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1468
SPONSOR: Crouch (MS) TITLE OF BILL: An act to amend the education law, in relation to the
exclusion of illegal aliens from attending public post-secondary educa-
tional institutions
PURPOSE OR GENERAL IDEA OF BILL: Excludes illegal aliens from attend-
ing public postsecondary educational institutions.
SUMMARY OF SPECIFIC PROVISIONS: This legislation would require post-
secondary educational institutions to verify the status of each person
enrolled in or in attendance at such institutions. It prohibits such
institutions from admitting, enrolling or permitting the attendance of
illegal aliens.
JUSTIFICATION: Education represents perhaps the greatest state and
local cost attributable to federal immigration policy. Public higher
education is a service which should be available only to citizens and to
legal immigrants.
PRIOR LEGISLATIVE HISTORY: None
FISCAL IMPLICATIONS: This legislation will save considerable state
revenues.
EFFECTIVE DATE: The one hundred eightieth 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
section one of this act on its effective date is authorized to be made
on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
1468
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. CROUCH, KOLB -- Multi-Sponsored by -- M. of A.
FINCH -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to the exclusion of ille-
gal aliens from attending public post-secondary educational insti-
tutions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 14-B
2 to read as follows:
3 ARTICLE 14-B
4 EXCLUSION OF ILLEGAL ALIENS FROM PUBLIC POST-SECONDARY
5 EDUCATIONAL INSTITUTIONS
6 Section 695-n. Exclusion of illegal aliens from public post-secondary
7 educational institutions.
8 § 695-n. Exclusion of illegal aliens from public post-secondary educa-
9 tional institutions. 1. No public institution of post-secondary educa-
10 tion shall admit, enroll or permit the attendance of any person who is
11 not one of the following:
12 (a) a citizen of the United States;
13 (b) an alien lawfully admitted as a permanent resident;
14 (c) an alien lawfully admitted for a temporary period of time; or
15 (d) a person who is otherwise authorized under federal law to be pres-
16 ent in the United States.
17 2. Commencing with the first term or semester that begins after Janu-
18 ary first, two thousand fifteen, and on the commencement of each term or
19 semester thereafter, each public post-secondary educational institution
20 shall verify the status of each person enrolled or in attendance at that
21 institution in order to ensure the enrollment or attendance only of
22 United States citizens, aliens lawfully admitted as permanent residents
23 in the United States, aliens lawfully admitted for a temporary period of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05127-01-5
A. 1468 2
1 time and persons who are otherwise authorized under federal law to be
2 present in the United States.
3 3. No later than forty-five days after the admissions officer of a
4 public post-secondary educational institution becomes aware of the
5 application, enrollment or attendance of a person determined to be, or
6 who is under reasonable suspicion of being, in the United States in
7 violation of federal immigration laws, that officer shall provide such
8 information to the commissioner, the attorney general and the United
9 States bureau of immigration and customs enforcement. Such information
10 shall also be provided to the applicant, enrollee or person admitted.
11 § 2. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law. Effective immediately, the addition, amend-
13 ment and/or repeal of any rule or regulation necessary for the implemen-
14 tation of section one of this act on its effective date is authorized to
15 be made on or before such effective date.
