Provides that institutions of higher education shall compile reports regarding foreign students enrolled in such institutions; delineates the statistical information that each approved school must maintain for all foreign students attending with a student visa; requires the state department of education to provide a compilation to the legislature of the information submitted.
TITLE OF BILL: An act to amend the education law, in relation to reporting requirements of foreign students in the United States
PURPOSE: This bill will require degree granting institutions in New York State who accept foreign students to report to the State Police whenever a foreign student has failed to maintain his or her legitimate status as a foreign student at that institution. Currently foreign students that are no longer attending school, or have failed to appear or failed to register for classes are in violation of their student visa. Current law requires that the institution report this information to the U.S. Department of Homeland Security. Although this becomes known to the United States Department of Homeland Security, the college is not required to make a proactive report to New York State enforcement authorities.
The bill also requires a compilation of statistical data regarding the number of foreign students at each college in New York State and the programs they are enrolled in. Amendments to the bill make clear that the police may only contact the federal authorities should they encounter reported individuals. In addition, it makes clear that only statistical data should be collected, not names, addresses or other information linked in any way to an individual.
SUMMARY OF PROVISIONS: The State Education Law is amended to add a new section 207-b. This section would require that the designated school officials who oversee the foreign student program at every institution authorized by the New York State Legislature or the Regents of the State of New York, that has been approved by the United States Government to accept foreign students, report to the state police whenever a foreign student fails to report to the school at an expected time or fails to register or attend classes as expected.
Subsection 2 of the bill lists the statistical information that each approved school must maintain for all foreign students attending with a student visa. Subsection 3 requires that such statistical information be maintained in electronic form and be submitted to the State Education Department (SED). Subsection 4 requires that SED produce a report that compiles the statistical information submitted. Subsection 5 requires the Department to monitor compliance with all the laws, rules and regulations governing foreign students and authorizes them to recommend to the Department of Homeland Security that any school not in compliance be denied eligibility to receive foreign students. They are also authorized to fine non-compliant schools up to $1,000, $2,000 in the case of a second violation, for each occurrence. Amendments to the bill clarify that should the state police encounter someone that has been reported that they only contact the proper federal authorities. It also makes clear that any data collected not include names, addresses or any other personal information.
JUSTIFICATION: New York State's colleges and universities have a long and proud tradition of international cooperation and collaboration. We accept thousands of students from countries around the world, providing them with a superior education in every conceivable subject.
However, the events of September 11th have made it clear that there are some who, willingly, may attempt to abuse our system of openness and inclusion for their own destructive purposes. This legislation requires only that our institutions of higher education act prudently while administering their international student programs.
Foreign students who apply and are accepted here in the United States are issued a limited student visa. One essential premise of the visa is that the student remain actively enrolled in a program of study. When and if the student does not maintain their prescribed status, they are immediately in violation of their visa and are required to return to their native country.
This legislation requires that when a foreign student is reported to the Department of Homeland Security for non-compliance under federal law, that the campus notify the State Police as well. Further, the legislation requires that all campuses provide statistical data regarding the number of foreign students in their school and the programs they are enrolled in.
LEGISLATIVE HISTORY: 2011-12 S.3388; 2009-10 S.2523; 2007-2008, S.2602; 2005-2006, S.838-A; 2003-2004, S.345-A; 2001-2002, S.604-3-B.
FISCAL IMPLICATIONS: None - All of the information required to be collected is already being collected as required by federal law. The cost of filing the information in electronic form is minimal. The cost of reporting those very few students who have failed to comply with student visa rules and regulations is minimal.
EFFECTIVE DATE: This act shall take effect on the first of August next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1565 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. LAVALLE, DeFRANCISCO, LARKIN, RANZENHOFER -- 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 reporting requirements of foreign students in the United States THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 207-b to read as follows: S 207-B. REPORTING OF FOREIGN STUDENTS IN THE UNITED STATES. 1. WHEN- EVER A DESIGNATED SCHOOL OFFICIAL BECOMES AWARE THAT A NONIMMIGRANT STUDENT WITH A (F-1) OR (M-1) VISA HAS FAILED TO REGISTER FOR CLASSES AS SCHEDULED OR WHO HAS FAILED TO REPORT TO THE DESIGNATED SCHOOL OFFICIAL AT THE TIME HE OR SHE IS EXPECTED TO COMMENCE HIS OR HER PROGRAM OF STUDY, SUCH OFFICIAL SHALL SIMULTANEOUSLY REPORT SUCH NONCOMPLIANCE PURSUANT TO THE REQUIREMENTS OF FEDERAL LAW AND TO THE NEW YORK STATE POLICE. UPON ENCOUNTERING A PERSON WHO HAS BEEN REPORTED TO IT PURSUANT TO THIS SECTION, THE NEW YORK STATE POLICE SHALL IMMEDIATELY NOTIFY THE PROPER FEDERAL AUTHORITIES REGARDING SUCH PERSON'S WHEREABOUTS. THE NEW YORK STATE POLICE SHALL NOT HOLD SUCH PERSON UNLESS IT BELIEVES THE PERSON POSES A THREAT TO THE SAFETY OF THE CITIZENS OF THE STATE. FOR THE PURPOSES OF THIS SECTION, "DESIGNATED SCHOOL OFFICIAL" SHALL MEAN THOSE ADMINISTRATORS ON AN INSTITUTION'S CAMPUS AS DEFINED UNDER TITLE 8 OF THE CODE OF FEDERAL REGULATIONS (8 CFR): SUBCHAPTER B, IMMIGRATION REGULATIONS 8 CFR PART 214--NONIMMIGRANT CLASSES, PETITIONS FOR APPROVAL OF SCHOOLS. 2. EVERY INSTITUTION AUTHORIZED BY THE LEGISLATURE OR BY THE REGENTS OF THE STATE OF NEW YORK TO CONFER ACADEMIC DEGREES IN THIS STATE AND THAT HAS BEEN APPROVED BY THE UNITED STATES TO ACCEPT FOREIGN STUDENTS UNDER TITLE 8 OF THE FEDERAL REGULATIONS (8CFR 214) SHALL MAINTAIN ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06135-01-3 S. 1565 2
UPDATE, ON HARD COPY AND IN ELECTRONIC FORM, FOR EACH ACADEMIC TERM, FOR ENROLLED NONIMMIGRANT STUDENTS, THE FOLLOWING INFORMATION: A. THE NUMBER OF GRADUATE AND UNDERGRADUATE STUDENTS, BY COUNTRY OF ORIGIN; AND B. THE NUMBER OF STUDENTS ENROLLED BY DEGREE PROGRAM AND COUNTRY OF ORIGIN. 3. ANY DATA COLLECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE MAINTAINED IN AN ELECTRONIC FORM, IN A FORMAT ESTABLISHED BY THE DEPARTMENT, AND SHALL BE SUBMITTED ANNUALLY TO THE DEPARTMENT WITHIN NINETY DAYS OF THE END OF EACH ACADEMIC YEAR. SUCH INFORMATION SHALL ONLY BE USED BY THE DEPARTMENT FOR THE PURPOSES SET FORTH IN SUBDIVISION FOUR OF THIS SECTION. SUCH DATA SHALL NOT INCLUDE ANY INDIVIDUAL'S NAME, ADDRESS OR OTHER INFORMATION THAT MAY IDENTIFY ANY INDIVIDUAL. SUCH DATA SHALL ONLY BE QUANTITATIVE IN FORM AND FUNCTION. 4. THE DEPARTMENT SHALL PRODUCE A REPORT, THAT SHALL BE AVAILABLE UPON REQUEST, THAT PROVIDES DATA REGARDING THE INFORMATION COLLECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION. 5. IF THE COMMISSIONER DETERMINES, AFTER PROVIDING THE INSTITUTION WITH NOTICE AND THE OPPORTUNITY FOR A HEARING, THAT AN INSTITUTION HAS VIOLATED THE PROVISIONS OF THIS SECTION, THE COMMISSIONER SHALL BE AUTHORIZED TO ISSUE AN ORDER DIRECTING THAT THE INSTITUTION TAKE CORREC- TIVE ACTION AND/OR IMPOSING A FINE NOT TO EXCEED ONE THOUSAND DOLLARS PER VIOLATION, OR, IN THE CASE OF A SECOND OR FURTHER VIOLATION WITHIN THE PREVIOUS TWO YEARS OR ANY FAILURE TO COMPLY WITH AN ORDER FOR CORRECTIVE ACTION, A FINE NOT TO EXCEED TWO THOUSAND DOLLARS PER VIOLATION. SUCH HEARING SHALL BE CONDUCTED IN THE SAME MANNER AS A HEAR- ING PURSUANT TO SUBDIVISIONS TWO AND THREE OF SECTION FIVE THOUSAND THREE OF THIS CHAPTER. IN ASSESSING THE PENALTY, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THE SIZE OF THE INSTITUTION, THE GOOD FAITH OF THE INSTITUTION, THE GRAVITY OF THE VIOLATIONS, THE HISTORY OF PAST VIOLATIONS, IF ANY, AND THE EXTENT TO WHICH THE INSTITUTION HAS TAKEN REMEDIAL MEASURES TO PREVENT FUTURE VIOLATIONS. IN ADDITION, THE COMMIS- SIONER SHALL REPORT A FINDING OF A SECOND INSTANCE OF NONCOMPLIANCE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY AND MAY RECOMMEND TO SUCH DEPARTMENT THAT IT REVOKE SUCH INSTITUTION'S ELIGIBILITY TO RECEIVE FOREIGN STUDENTS FOR A PERIOD OF ONE YEAR. S 2. This act shall take effect on the first of August next succeeding the date on which it shall have become a law.