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S00791 Summary:

BILL NOS00791
 
SAME ASSAME AS A02435
 
SPONSORFERNANDEZ
 
COSPNSR
 
MLTSPNSR
 
Amd §29-b, Veterans' Services L (as proposed in S.8119-C & A.8837-C)
 
Clarifies certain provisions of the Alex R. Jimenez New York state military immigrant family legacy program.
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S00791 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           791
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN  ACT  to amend the veterans' services law, in relation to the Alex R.
          Jimenez New York state military immigrant family legacy program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 29-b of the veterans' services law, as added by a
     2  chapter of the laws of 2024 amending the  veterans'  services  law,  the
     3  military law, and the executive law relating to establishing the Alex R.
     4  Jimenez  New  York  state  military  immigrant family legacy program, as
     5  proposed in legislative bills numbers S. 8119-C and A. 8837-C, is renum-
     6  bered section 29-d and is amended to read as follows:
     7    § 29-d. Staff sergeant Alex R. Jimenez New York state  military  immi-
     8  grant  family  legacy  program. 1. For the purposes of this section, the
     9  following terms shall have the following meanings:
    10    (a) "Uniformed service member" shall mean a member of the army,  navy,
    11  air force, space force, marine corps, coast guard, public health service
    12  commissioned  corps,  or national oceanic and atmospheric administration
    13  commissioned officer corps serving on active duty.
    14    (b) "The program" shall mean the staff sergeant Alex R. Jimenez  mili-
    15  tary immigrant family legacy program.
    16    (c)  "Liaison"  shall mean an employee of the office for new Americans
    17  designated by the director of the office for new Americans, an  employee
    18  of the division of military and naval affairs designated by the adjutant
    19  general,  [or]  and  an  employee  of  the  department designated by the
    20  commissioner, to serve as a military  immigrant  family  legacy  program
    21  liaison pursuant to subdivision three of this section.
    22    (d)  "Veteran"  shall have the same meaning as such term is defined in
    23  section one of this article and shall also include any  veteran  with  a
    24  qualifying condition, as defined in section one of this article, and has
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02723-01-5

        S. 791                              2
 
     1  received  a  discharge  other than bad conduct or dishonorable from such
     2  service, or is a discharged LGBT veteran, as defined in section  one  of
     3  this  article,  and  has  received a discharge other than bad conduct or
     4  dishonorable from such service.
     5    (e) "Intended recipients" shall mean uniformed service members, veter-
     6  ans, reserve component members and their [family members] spouse, domes-
     7  tic  partner,  mother,  father,  stepmother,  stepfather, mother through
     8  adoption, father through adoption, or children, stepchildren, or adopted
     9  children. The term "intended recipients" shall also include the next-of-
    10  kin of an eligible uniformed service member, veteran or  reserve  compo-
    11  nent  member  who  died  as a result of injury or disease incurred in or
    12  aggravated by their service in the uniformed services, making a  request
    13  for  the  grant  of  posthumous  U.S.    citizenship  on  behalf of such
    14  uniformed service member, veteran or reserve component member.
    15    (f) "Reserve component members" shall mean those serving in  the  army
    16  reserve,  navy  reserve,  marine corps reserve, the army national guard,
    17  the air national guard, or reserve corps of the  public  health  service
    18  during  the  time  the unit was federally recognized as a reserve compo-
    19  nent.
    20    2. There is hereby established within the office for new Americans the
    21  staff sergeant Alex R. Jimenez New York state military immigrant  family
    22  legacy  program.   The commissioner and adjutant general shall designate
    23  one or more staff as liaisons to the office for new Americans who  shall
    24  refer any intended recipient[, alive or deceased,] in need of assistance
    25  with  an immigration matter to the office for new Americans.  The office
    26  for new Americans shall designate one or more staff to be liaisons  with
    27  the  department and the division of military and naval affairs who shall
    28  [receive and] coordinate such referrals  from  the  department  and  the
    29  division  of  military  and  naval  affairs and [secure legal assistance
    30  under existing office for new  Americans  legal  services  for  intended
    31  recipients] ensure the intended recipient is referred to existing office
    32  for  new  Americans programs, including, but not limited to, immigration
    33  legal service programs delivered by  partnering  community  organization
    34  and  immigration counsel. The primary purpose of the program shall be to
    35  assist intended recipients to secure legal  immigration  status  in  the
    36  United States, including but not limited to, citizenship.
    37    3.  The [duties of the liaisons at the] office for new Americans shall
    38  [include] have the responsibility to:
    39    (a) [assisting]  refer  intended  recipients[,  who  may  qualify  for
    40  adjustment  of  status,  special  immigration status through the federal
    41  Parole in Place program authorized by section 1758 of the 2020  National
    42  Defense  Authorization  Act,  or  any  other sort of immigration relief,
    43  including relief that can lead to citizenship, in securing legal  repre-
    44  sentation  or  consultation  by  qualified immigration attorneys or duly
    45  authorized board of immigration appeals representatives as may be neces-
    46  sary to obtain such relief] in matters related to immigration status, to
    47  service providers.
    48    (b) [serving] serve as liaison [between] for the  department  and  the
    49  division  of  military and naval affairs, [the United States citizenship
    50  and immigration services, the  United  States  immigration  and  customs
    51  enforcement,  the  United  States  department  of  veterans affairs, the
    52  United States department of defense,] local veterans' service  agencies,
    53  state  agencies,  community  groups,  advocates,  and other veterans and
    54  military organizations and interested parties for the purpose of coordi-
    55  nating efforts to provide access to  immigration  [relief]  services  to
    56  intended recipients as specified in paragraph (a) of this subdivision.

        S. 791                              3
 
     1    (c)  [consulting  with qualified immigration attorneys or duly author-
     2  ized board of immigration appeals approved representatives to facilitate
     3  such coordination with the United  States  citizenship  and  immigration
     4  services or other appropriate agency.
     5    (d) advocating for intended recipients.
     6    (e)  developing and maintaining a clearinghouse for]  maintain a toll-
     7  free, multi-lingual hotline and website for purposes including, but  not
     8  limited  to,  disseminating  information  and  resources relating to the
     9  program as well as other federal, state, local and  non-profit  programs
    10  that may offer assistance to intended recipients in immigration matters.
    11    [(f)  promoting events and activities that educate and assist intended
    12  recipients, including but not limited to, veteran human  rights  confer-
    13  ences, veterans benefit and resources events.
    14    (g) developing information to be made available to]
    15    (d)  coordinate  with  the department and the division of military and
    16  naval affairs and otherwise marshal the resources of the state to  serve
    17  the needs of intended recipients.
    18    (e) share information about the program with congressionally chartered
    19  veterans'  organizations,  and  local  veterans'  service  agencies  [to
    20  provide a general overview of the program, including but not limited to,
    21  its purpose and the eligibility requirements for adjustment  of  status,
    22  citizenship, or any other form of available relief.
    23    (h)  preparing yearly reports on topics, including but not limited to,
    24  the demographics of intended recipients residing in the state, including
    25  the number of such intended recipients by county,  an  estimate  of  how
    26  many  may  be  eligible  for naturalization, and the unique needs of the
    27  intended recipients within New York state to the commissioner, the adju-
    28  tant general of the division of  military  and  naval  affairs  and  the
    29  office for new Americans].
    30    4.  The liaisons appointed pursuant to subdivision two of this section
    31  shall jointly [submit  a]  report  the  number  of  intended  recipients
    32  referred  to  the  office  for  new Americans through the program to the
    33  commissioner[, the adjutant general and the director of the  office  for
    34  new  Americans] on January first each year following the first full year
    35  after the effective date of this section. [Such  report  shall  include,
    36  but  not  be limited to, a description and evaluation of the program and
    37  the liaisons' activities for the preceding calendar year, and the number
    38  of intended recipients aided by the program, as well as any  recommenda-
    39  tions  for future programmatic changes.] The [director of the office for
    40  new Americans] commissioner shall submit the report to the governor  and
    41  the  legislature  [in accordance with the provisions of paragraph (n) of
    42  subdivision five of section ninety-four-b of the executive law] by March
    43  first of each year.
    44    5. For the purposes of this program, personally  identifying  informa-
    45  tion  provided  by intended recipients shall not be retained, disclosed,
    46  disseminated, or otherwise published or made available  by  the  depart-
    47  ment,  the division of military and naval affairs, or the office for new
    48  Americans.
    49    § 2. This act shall take effect on the  same  date  and  in  the  same
    50  manner  as a chapter of the laws of 2024 amending the veterans' services
    51  law, the military law, and the executive law  relating  to  establishing
    52  the  Alex  R.    Jimenez New York state military immigrant family legacy
    53  program, as proposed in legislative  bills  numbers  S.  8119-C  and  A.
    54  8837-C, takes effect.
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