S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    728
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 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:
 
   Section 1. The education law is amended by adding a new  article  14-B
 to read as follows:
                               ARTICLE 14-B
          EXCLUSION OF ILLEGAL ALIENS FROM PUBLIC POST-SECONDARY
                         EDUCATIONAL INSTITUTIONS
 SECTION 695-N. EXCLUSION  OF  ILLEGAL  ALIENS FROM PUBLIC POST-SECONDARY
                  EDUCATIONAL INSTITUTIONS.
   § 695-N. EXCLUSION OF ILLEGAL ALIENS FROM PUBLIC POST-SECONDARY EDUCA-
 TIONAL INSTITUTIONS. 1. NO PUBLIC INSTITUTION OF  POST-SECONDARY  EDUCA-
 TION  SHALL  ADMIT, ENROLL OR PERMIT THE ATTENDANCE OF ANY PERSON WHO IS
 NOT ONE OF THE FOLLOWING:
   (A) A CITIZEN OF THE UNITED STATES;
   (B) AN ALIEN LAWFULLY ADMITTED AS A PERMANENT RESIDENT;
   (C) AN ALIEN LAWFULLY ADMITTED FOR A TEMPORARY PERIOD OF TIME; OR
   (D) A PERSON WHO IS OTHERWISE AUTHORIZED UNDER FEDERAL LAW TO BE PRES-
 ENT IN THE UNITED STATES.
   2. COMMENCING WITH THE FIRST TERM OR SEMESTER THAT BEGINS AFTER  JANU-
 ARY  FIRST, TWO THOUSAND SEVENTEEN, AND ON THE COMMENCEMENT OF EACH TERM
 OR SEMESTER THEREAFTER, EACH PUBLIC POST-SECONDARY EDUCATIONAL  INSTITU-
 TION SHALL VERIFY THE STATUS OF EACH PERSON ENROLLED OR IN ATTENDANCE AT
 THAT INSTITUTION IN ORDER TO ENSURE THE ENROLLMENT OR ATTENDANCE ONLY OF
 UNITED  STATES CITIZENS, ALIENS LAWFULLY ADMITTED AS PERMANENT RESIDENTS
 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.
                                                            LBD04375-01-7
              

 A. 728                              2
 
 TIME AND PERSONS WHO ARE OTHERWISE AUTHORIZED UNDER FEDERAL  LAW  TO  BE
 PRESENT IN THE UNITED STATES.
   3.  NO  LATER  THAN  FORTY-FIVE DAYS AFTER THE ADMISSIONS OFFICER OF A
 PUBLIC POST-SECONDARY  EDUCATIONAL  INSTITUTION  BECOMES  AWARE  OF  THE
 APPLICATION,  ENROLLMENT  OR ATTENDANCE OF A PERSON DETERMINED TO BE, OR
 WHO IS UNDER REASONABLE SUSPICION OF BEING,  IN  THE  UNITED  STATES  IN
 VIOLATION  OF  FEDERAL IMMIGRATION LAWS, THAT OFFICER SHALL PROVIDE SUCH
 INFORMATION TO THE COMMISSIONER, THE ATTORNEY  GENERAL  AND  THE  UNITED
 STATES  BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT.  SUCH INFORMATION
 SHALL ALSO BE PROVIDED TO THE APPLICANT, ENROLLEE OR PERSON ADMITTED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of section one of this act on its effective date is authorized to
 be made on or before such effective date.