Add Art 4-B §§155 - 158, Lab L; amd §291, Exec L; amd §53, Civ Serv L
Enacts the "New York emergency expedited temporary work permit act" to allow asylum seekers to apply for and be granted temporary work permits while their federal immigration status is being determined.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8021
SPONSOR: Cruz TITLE OF BILL:
An act to amend the labor law, the executive law and the civil service
law, in relation to enacting the New York emergency expedited temporary
work permit act; and providing for the repeal of such provisions upon
the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will create a worker permit program for asylum seekers
who have filed federal. government paperwork needed to claim asylum. The
work permit program will allow this legal group of immigrants to work
legally and under full protections of New York State laws.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides a title for this legislation
Section 2 provides legislative findings and intent
Section 3 amends the labor law by adding Article 4-b to read as follows:
Section: 155. Definitions.
156. Asyiee worker permit program.
157. Rules and regulations.
158. Construction.
§ 155. Definitions. For the purposes of this article:
1. The term "asylee" shall have the same meaning as defined in the
Federal Immigration and Naturality Act (8 U.S.C. § 1101) provided that
for the purposes of this article, such term shall include both asylees
who have filed federal paperwork to obtain asylum status and those who
are in the process of filing such application.
2. The term "employment" shall include employment in both the private
and public sectors.
§ 156. Asylee worker permit program.
1. The commissioner shall establish a temporary program for the expe-
dited issuance of work permits by the Department to asylum seekers
residing in New York within forty-five days of application.
2. No fees shall be charged for the issuance of asylee worker permits.
Permits issued under this section shall be valid for a period of eigh-
teen months from issuance, but may be renewed pursuant to regulations
adopted by the department.
§ 157. Rules and regulations.
The commissioner shall promulgate emergency rules and regulations for
the issuance of worker permits to asylees within thirty days of the
effective date of this section.
§ 158. Construction. Nothing contained within this article shall be
construed to grant any additional rights not explicitly provided for
pursuant to the provisions of this article.
Section 4 amends Subdivision 1 of Section 291 of the Executive Law to
read as follows:
The opportunity to obtain employment without discrimination because of
age, race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, marital status,
or disa-
bility, or status as an asylum seeker, is hereby recognized as and
declared to be a civil right.
Section 5 amends Section 53 of the civil service law to read as follows:
§ 53. Noncitizen status. Except as otherwise provided by law, no non-ci-
tizen lawfully admitted for permanent residence in the United States
shall be denied appointment to a position in the competitive class of
civil service for reasons of noncitizen status. The state and municipal
civil service commissions may, by rule, provide for the appointment of
persons who are asylum seekers and who are issued worker permits under
Article Four-B of the labor law.
Section 6 states an effective date and a sunset date.
JUSTIFICATION:
The federal immigration law has become outdated and impedes our nation's
and New York State's ability to quickly and properly integrate asylum
seekers allowed to enter the United States of America. Current federal
law requires that an asylum seeker wait 150 days before applying for a
work permit. Additionally, they are not eligible to receive an Employ-
ment Authorization Document (EAD) until their asylum application has
been pending for a total of 180 days. Unfortunately, existing work
permit applications can take anywhere from 6 to 14 months to process,
leaving asylum seekers without the legal paperwork required to obtain a
job to support themselves and their families. In clear and undisputed
legal terms, asylum seekers are legal immigrants under federal law and
are desperate to provide shelter, food, and living expenses for them-
selves and their families.
Largely due to federal government policies that are antithetical to the
well-being of both the asylum seekers and their welcoming communities,
this group of immigrants is forced to work without proper documentation,
leaving them open to exploitation from employers. The types of exploita-
tion these immigrants will face without proper working papers range from
working in dangerous conditions without training to having their wages
stolen. Given the current federal inaction to expedite federal work
permit applications for asylum seekers, it is incumbent on New York
State to exercise its State's Constitutional duties and the powers
reserved to States under the Federal Constitution and enact a New York
State Asylum Seekers Worker Permit Program as outlined in this legis-
lation.
This bill will use the federal definition of Asylee to classify who is
eligible for the NYS Worker Permit Program and include both asylees who
have filed federal paperwork to obtain asylum status and,those in the
process of filing such application.
This bill will require the NYS Department of Labor to issue work permits
for asylum seekers residing in New York within 45 days of application
while granting the Commissioner of the NYS Department of Labor the
authority to promulgate emergency rules and regulations to enact the
provisions of this legislation.
This legislation also amends the NYS Human Rights Law to include the
right of asylum seekers to work in New York State while their federal
immigration status is clarified and adds "asylum seeker" to the defi-
nition of protected classes.
In addition, the NYS Civil Service Law is amended to authorize state and
local governments to accept applications for employment by those granted
the emergency work permit. This proposed law will apply to both public-
sector employment and private-sector employment.
PRIOR LEGISLATIVE HISTORY:
New legislation
FISCAL IMPLICATIONS:
There is a minimal fiscal impact due to the administrative costs of
implementing a worker permit program. The exact amount is yet to be
determined, but it is expected to be minimal and will offset by the
taxes paid by payroll taxes.
EFFECTIVE DATE:
This act shall take effect in forty-five after it has become a law and
shall expire 2 years after such effective date when upon such date the
provisions of this act shall be deemed repealed.
STATE OF NEW YORK
________________________________________________________________________
8021
2023-2024 Regular Sessions
IN ASSEMBLY
September 13, 2023
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, the executive law and the civil service
law, in relation to enacting the New York emergency expedited tempo-
rary work permit act; and providing for the repeal of such provisions
upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "New York
2 emergency expedited temporary work permit act".
3 § 2. Legislative finding and intent. The federal immigration law has
4 become outdated and an impediment to New York state's ability to quickly
5 and properly integrate asylum seekers allowed to enter the United States
6 of America. Current federal law requires that an asylum seeker wait
7 150 days before applying for a work permit. Current work permit appli-
8 cations can take anywhere from 5 months to 14 months to process, leaving
9 asylum seekers without the legal paperwork to support themselves and
10 their families. Asylum seekers desperate to provide shelter, food, and
11 living expenses for themselves and their families are forced to work
12 without proper documentation leaving them open to exploitation from
13 employers that range from working in dangerous conditions without train-
14 ing to having their wages stolen. In view of the current federal
15 inaction to expedite federal work permit applications for asylum seek-
16 ers, it is incumbent on New York state to exercise its state's constitu-
17 tional duties and the powers reserved to states under the federal
18 constitution and enact a worker permit program.
19 § 3. The labor law is amended by adding a new article 4-B to read as
20 follows:
21 ARTICLE 4-B
22 ASYLEE WORKER PERMIT PROGRAM
23 Section 155. Definitions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13202-02-3
A. 8021 2
1 156. Asylee worker permit program.
2 157. Rules and regulations.
3 158. Construction.
4 § 155. Definitions. For the purposes of this article:
5 1. The term "asylee" shall have the same meaning as defined in the
6 federal immigration and nationality act (8 U.S.C. § 1101) provided that
7 for the purposes of this article such term shall include both asylees
8 who have filed federal paperwork to obtain asylum status and those who
9 are in the process of filing such application.
10 2. The term "employment" shall include employment in both the private
11 and public sectors.
12 § 156. Asylee worker permit program. 1. The commissioner shall estab-
13 lish a temporary program for the expedited issuance of work permits by
14 the department to asylum seekers residing in New York within forty-five
15 days of application.
16 2. No fees shall be charged for the issuance of asylee worker permits.
17 3. Permits issued under this section shall be valid for a period of
18 eighteen months from issuance, but may be renewed pursuant to regu-
19 lations adopted by the department.
20 § 157. Rules and regulations. The commissioner shall promulgate emer-
21 gency rules and regulations for the issuance of worker permits to
22 asylees within thirty days of the effective date of this section.
23 § 158. Construction. Nothing contained within this article shall be
24 construed to grant any additional rights not explicitly provided for
25 pursuant to the provisions of this article.
26 § 4. Subdivision 1 of section 291 of the executive law, as amended by
27 chapter 8 of the laws of 2019, is amended to read as follows:
28 1. The opportunity to obtain employment without discrimination because
29 of age, race, creed, color, national origin, sexual orientation, gender
30 identity or expression, military status, sex, marital status, [or] disa-
31 bility, or status as an asylum seeker, is hereby recognized as and
32 declared to be a civil right.
33 § 5. Section 53 of the civil service law, as amended by chapter 669
34 of the laws of 2022, is amended to read as follows:
35 § 53. Noncitizen status. Except as otherwise provided by law, no
36 noncitizen lawfully admitted for permanent residence in the United
37 States shall be denied appointment to a position in the competitive
38 class of civil service for reasons of noncitizen status. The state and
39 municipal civil service commissions may, by rule, provide for the
40 appointment of persons who are asylum seekers and who are issued worker
41 permits under article four-B of the labor law.
42 § 6. This act shall take effect on the forty-fifth day after it shall
43 have become a law and shall expire 2 years after such effective date
44 when upon such date the provisions of this act shall be deemed repealed.
