NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8282
SPONSOR: Goodell
 
TITLE OF BILL:
An act to amend the social services law, in relation to requiring undoc-
umented immigrants to submit to the same level of background checks as
lawful immigrants in order to use certain state resources
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require undocumented immigrants to submit to the same
level of background checks as lawful immigrants in order to use certain
state resources, thereby identifying and protecting the public from
potentially dangerous undocumented immigrants.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 122 of the social services law to require
applicants for public assistance who lack lawful immigrant status to
submit to and meet the same level of background checks as are required
for lawful immigrants.
Section 2 provides that the act shall take effective January 1st of the
year following enactment.
 
JUSTIFICATION:
Prior to the issuance of a visa, a lawful immigrant must submit to a
criminal background check to ensure that the person is not a convicted
felon, falsely claimed 'citizenship, is a member of a totalitarian party
or a terrorist organization, or is a drug addict. Unfortunately, illegal
immigrants come to New York State without submitting to such a back-
ground check.
The failure to require an undocumented immigrant 'to submit to the same
level of background checks as a lawful immigrant is fundamentally unfair
to those who follow the law and obtain a lawful immigrant status. In
addition, the failure to identify convicted felons, members of terrorist
organizations, and drug addicts places innocent New York residents at
greater risk. The background checks required by this legislation would
help identify potentially dangerous undocumented immigrants.
 
EFFECTIVE DATE:
The legislation would take effective January 1st after its adoption.
STATE OF NEW YORK
________________________________________________________________________
8282
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to requiring undoc-
umented immigrants to submit to the same level of background checks as
lawful immigrants in order to use certain state resources
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 122 of the social services law is amended by adding
2 a new subdivision 7 to read as follows:
3 7. No person lacking lawful immigrant status shall be eligible for
4 state payments for aged, blind and disabled persons, family assistance,
5 safety net assistance, services funded under title XX of the federal
6 social security act, medical assistance, or any other assistance or
7 program under this chapter unless such person submits to a background
8 check and fully cooperates with the official conducting such background
9 check to ensure such person:
10 (a) has not been found to have a substance use disorder unless such
11 person has consented to and is receiving appropriate treatment;
12 (b) has not been a member of a totalitarian party or a terrorist
13 organization;
14 (c) has not been found guilty in a court of competent jurisdiction of
15 a crime which would be a felony if it occurred within the state; and
16 (d) has not falsely claimed citizenship or legal resident status.
17 § 2. This act shall take effect on the first of January next succeed-
18 ing the date on which it shall have become a law. Effective immediately,
19 the addition, amendment and/or repeal of any rule or regulation neces-
20 sary for the implementation of this act on its effective date are
21 authorized to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13251-03-3