NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4456
SPONSOR: Molitor
 
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.
 
LEGISLATIVE HISTORY:
A.8282 2023/2024 - Held for consideration in Social Services
 
EFFECTIVE DATE:
The legislation would take effective January 1st after its adoption.