Requires residents of the state, who are foreign refugees, to register with the office of temporary and disability assistance; directs such office to provide registration information to the office of children and family services, the department of health, the office for new Americans, the department of law, the division of state police, the NYC police department, county sheriff's offices, municipal police departments, and the division of homeland security and emergency services; directs the office for new Americans to conduct background screenings of all refugees who register; requires refugee resettlement agencies to submit quarterly reports to the bureau of refugee and immigrant assistance on the refugees to whom it provides assistance, and to monitor the activities of such refugees for a certain period of time; directs the division of homeland security and emergency services to develop and implement a plan to ensure compliance by refugee resettlement agencies.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7319A
SPONSOR: Slater TITLE OF BILL:
An act to amend the executive law, in relation to directing the division
of homeland security and emergency services to develop a plan to ensure
that refugee resettlement agencies monitor certain refugees; and direct-
ing the office for new Americans to conduct a background check on refu-
gees; to amend the social services law, in relation to requiring aliens
admitted to the United States as refugees to register with the office of
temporary and disability assistance; and to amend the not-for-profit
corporation law, in relation to requiring refugee resettlement agencies
to submit quarterly reports to the bureau of refugee and immigrant
assistance and requiring such agencies to monitor refugees for a certain
period of time
PURPOSE OR GENERAL IDEA OF BILL:
This bill would ensure the proper registration, background check and
monitoring of refugees seeking asylum in New York State.
SUMMARY OF PROVISIONS:
Section one amends section 709 of the executive law, relating to the
powers and duties of the Commissioner of the Division of Homeland
Security and Emergency Services, to require the commissioner to develop
and implement a ' plan to ensure that all refugee settlement agencies
comply with the requirements of section one thousand four hundred thir-
teen of the not-forprofit corporation law.
Section two amends section 94-b of the executive law, relating to the
Office for New Americans, to require the Office to screen and perform a
background screening of every immigrant who registers pursuant to subdi-
vision nine of section twenty of the social services law, to ensure that
the immigrant does not present a security risk to the state or the
United States. The office shall provide the results of each screening to
the Department of Law, the Division of State Police, the New York City
Police Department, the office of the county sheriff for each county in
the state, all municipal police departments and the Division of Homeland
Security and Emergency Services.
Section three amends subdivision 3 of section 20 of the social services
law, relating to the powers and duties of the department of social
services, to require the Office of New Americans to collect and maintain
reports submitted ' by the refugee resettlement agencies pursuant to
section fourteen hundred thirteen of the not-for-profit corporation law.
Section four amends section 20 of the social services law by creating a
new subdivision 9, relating to the powers and duties of the department
of social Services, to require the bureau of refugee and immigrant
assistance of the office of temporary and disability assistance (OTDA)
to provide each alien who resides in the state, and who is admitted to
the United States as a refugee or who is seeking asylum pursuant, that
he or she is required, within thirty days of entering the state to (i)
register as a refugee with OTDA, (ii) be interviewed by and provide his
or her fingerprints to an officer or employee of such office designated
by the commissioner of OTDA. Additionally, the Commissioner is required
to maintain all refugee registration data and information in an elec-
tronic database, and on a monthly basis forward a copy of the registra-
tion record of each refugee who registered during the preceding month,
to the Office of Children and Family Services, the Department of Health,
the Office for New Americans, the Department of Law, the Division of the
State Police, and the Division of Homeland Security and Emergency
Services. Further, the Commissioner is required to submit an annual
report on the registration program to the governor, the temporary presi-
dent of the senate, and the speaker of the assembly. The report will
include the number of refugees who registered during the previous calen-
dar year and their countries of origin. The bill also clarifies that the
term ;'alien" shall have the same meaning as ascribed by g 101 of the
United States Immigration and Nationality Act (8 U.S.C. 1101), which is
"any person not a citizen or national of the United States."
Section five amends the not-for-profit corporation law by adding a new
section 1413 relating to refugee resettlement agencies. A "refugee
resettlement agency" means a voluntary agency, as defined pursuant to
section one thousand four hundred eleven of the United States Immi-
gration and Nationality Act, organization or affiliate of such agency or
organization that receives federal funding for refugee reception and
placement resettlement services or other federal grants intended for the
support of refugee resettlement activities. Subdivision (b) establishes
that each refugee resettlement agency shall report, on a quarterly
basis, to the Bureau of Refugee and Immigrant Assistance of OTDA the
total number of refugees resettled by the agency and the total of such
refugees in the following age groups: (A) under eighteen years of age;
(B) between eighteen and sixty-four' years of age, and (C) sixty-five
years of age or older, we well as the public assistance benefits the
refugees have applied for or been granted, and the countries of origin
of the refugees. Finally, each refugee resettlement agency shall moni-
tor refugees who have been registered with OTDA pursuant to subdivision
nine of section twenty of the social services law or until s uch time as
a refugee is granted permanent resident status by the United States
Citizenship and Immigration Services
Section six establishes the effective date.
JUSTIFICATION:
Recently, New York City has attempted to send asylum seeking migrants to
designated areas within the Hudson Valley. It is clear that the federal
government has failed to properly secure our borders and now the broken
federal immigration system is having a direct impact on communities in
New York State.
It is crucial that we take reasonable measures to protect our state's
residents while working within the confines of federal law, and continu-
ing to provide humanitarian relief. This piece of legislation accom-
plishes this fine balance, by requiring asylum seeking immigrants,
admitted by the federal government, to register, interview and provide
fingerprints to the state's Bureau of Refugee and Immigrant Assistance
(BRIA) within the Office of Temporary and Disability Assistance (OTDA).
This will create the needed bridge until the federal government's proc-
ess is completed which grants asylum status.
Furthermore, the Bureau of Refugee and Immigrant Assistance is required
to perform background checks on all individuals seeking asylum status
within the state, monitor these individuals for any indications of
malfeasance and deny the issuance of state funded public assistance to
individuals who fail to comply. It is clear that the federal govern-
ment's inaction has created a crisis that extends from the southern
border into the state of New York. The provisions of the bill allow New
York to create its own mechanism to properly vet and monitor individu-
als-seeking asylum within the state's borders while continuing necessary
humanitarian efforts.
PRIOR LEGISLATIVE HISTORY:
2017-2018: S.2304
2015-2016: A.9630/S.6253A
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None noted
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
7319--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 17, 2023
___________
Introduced by M. of A. SLATER, ANGELINO, BARCLAY, BEEPHAN, BENDETT,
BLANKENBUSH, BLUMENCRANZ, BRABENEC, K. BROWN, BYRNES, DeSTEFANO,
DiPIETRO, DURSO, FLOOD, GANDOLFO, J. A. GIGLIO, J. M. GIGLIO, GRAY,
HAWLEY, LEMONDES, MAHER, MANKTELOW, MCGOWAN, MIKULIN, MILLER, MORINEL-
LO, PALMESANO, PIROZZOLO, RA, REILLY, SIMPSON, SMULLEN, SMITH, TAGUE,
TANNOUSIS, WALSH -- read once and referred to the Committee on Govern-
mental Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to directing the division
of homeland security and emergency services to develop a plan to
ensure that refugee resettlement agencies monitor certain refugees;
and directing the office for new Americans to conduct a background
check on refugees; to amend the social services law, in relation to
requiring aliens admitted to the United States as refugees to register
with the office of temporary and disability assistance; and to amend
the not-for-profit corporation law, in relation to requiring refugee
resettlement agencies to submit quarterly reports to the bureau of
refugee and immigrant assistance and requiring such agencies to moni-
tor refugees for a certain period of time
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 709 of the executive law is
2 amended by adding a new paragraph (w) is added to read as follows:
3 (w) develop and implement a plan to ensure that all refugee resettle-
4 ment agencies comply with the requirements of section one thousand four
5 hundred thirteen of the not-for-profit corporation law.
6 § 2. Paragraphs (m) and (n) of subdivision 5 of section 94-b of the
7 executive law, as added by chapter 206 of the laws of 2014, are amended
8 and a new paragraph (o) is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11317-02-3
A. 7319--A 2
1 (m) Encourage and assist local governments in the development of
2 activities to enhance civic engagement among immigrants and in immigrant
3 communities; [and]
4 (n) Beginning in two thousand fifteen, by June fifteenth of each year,
5 produce a report to the governor, the speaker of the assembly, and the
6 temporary president of the senate describing the activities of the
7 office, including but not limited to, summarizing calls received through
8 the hotline and website, information on ESOL training services provided
9 by the office, the number of immigrants assisted through the opportunity
10 centers, or an estimation thereof, the status of any workforce develop-
11 ment programs, and any other relevant information[.]; and
12 (o) Screen and perform a background screening of every immigrant who
13 registers pursuant to subdivision nine of section twenty of the social
14 services law, to ensure that the immigrant does not present a security
15 risk to the state or the United States. The office shall provide the
16 results of each such screening to the department of law, the division of
17 state police, the New York city police department, the office of the
18 county sheriff for each county in the state, all municipal police
19 departments and the division of homeland security and emergency
20 services.
21 § 3. Paragraphs (i) and (j) of subdivision 3 of section 20 of the
22 social services law, paragraph (i) as added by chapter 304 of the laws
23 of 1990 and paragraph (j) as amended by section 20 of part PP of chapter
24 56 of the laws of 2022, are amended and a new paragraph (k) is added to
25 read as follows:
26 (i) to assure conformance with federal law, by entering into agree-
27 ments with the federal social security administration and public agen-
28 cies in other states responsible for administering the food stamp
29 program or programs under title I, II, IV-A, IV-D, X, XIV, XVI, or XIX
30 of the social security act under which the department will provide such
31 agencies, when required by federal law and only to the extent so
32 required, with data which may be of use in establishing or verifying
33 eligibility for or benefit amounts in such programs or ability to pay
34 support for a person receiving support collection services including
35 data obtained from the wage reporting system operated by the state
36 department of taxation and finance pursuant to section one hundred
37 seventy-one-a of the tax law[.], as added by chapter five hundred
38 forty-five of the laws of nineteen hundred seventy-eight;
39 (j) to ensure the provision, on any form required to be completed at
40 application or recertification for the purpose of obtaining financial
41 assistance pursuant to this chapter, the form shall contain a check-off
42 question asking whether the applicant or recipient or a member of his or
43 her family served in the United States military, and an option to answer
44 in the affirmative. Where the applicant or recipient answers in the
45 affirmative to such question, the office of temporary and disability
46 assistance shall ensure that contact information for the state depart-
47 ment of veterans' services is provided to such applicant or recipient
48 addition to any other materials provided[.]; and
49 (k) to collect and maintain reports submitted by refugee resettlement
50 agencies pursuant to section fourteen hundred thirteen of the not-for-
51 profit corporation law.
52 § 4. Section 20 of the social services law is amended by adding a new
53 subdivision 9 to read as follows:
54 9. (a) The bureau of refugee and immigrant assistance of the office of
55 temporary and disability assistance shall provide to each alien who
56 resides in the state, and who was admitted to the United States of Amer-
A. 7319--A 3
1 ica as a refugee pursuant to section two hundred seven of the United
2 States Immigration and Nationality Act (8 U.S.C. § 1157) or who was
3 seeking asylum pursuant to section two hundred eight of such act (8
4 U.S.C. § 1158), that he or she is required, within thirty days of enter-
5 ing the state, to:
6 (i) register as a refugee with the office of temporary and disability
7 assistance; and
8 (ii) be interviewed by and provide his or her fingerprints to an offi-
9 cer or employee of such office designated by the commissioner of tempo-
10 rary and disability assistance.
11 (b) The commissioner of temporary and disability assistance shall
12 maintain all refugee registration data and information in an electronic
13 database. Not less than on a monthly basis, the office of temporary and
14 disability assistance shall forward a copy of the registration record of
15 each refugee who registered during the preceding month, to the office of
16 children and family services, the department of health, the office for
17 new Americans, the department of law, the division of state police, and
18 the division of homeland security and emergency services.
19 (c) Annually, on or before February first, the commissioner of tempo-
20 rary and disability assistance shall submit a report on the registration
21 program established by this subdivision to the governor, the temporary
22 president of the senate and the speaker of the assembly. Such report
23 shall include the number of refugees who registered during the previous
24 calendar year and their countries of origin.
25 (d) For the purposes of this subdivision, the terms "alien" and "refu-
26 gee" shall have the same meaning as is ascribed to such terms by section
27 one hundred one of the United States Immigration and Nationality Act (8
28 U.S.C. 1101).
29 § 5. The not-for-profit corporation law is amended by adding a new
30 section 1413 to read as follows:
31 § 1413. Refugee resettlement agencies.
32 (a) Definition. "Refugee resettlement agency" means a voluntary agen-
33 cy, as defined pursuant to section 1411 of the United States Immigration
34 and Nationality Act (8 U.S.C. § 1521), organization, or affiliate of
35 such agency or organization that receives federal funding for refugee
36 reception and placement resettlement services or other federal grants
37 intended for the support of refugee resettlement activities.
38 (b) Reporting requirement. Each refugee resettlement agency shall
39 report, on a quarterly basis, to the bureau of refugee and immigrant
40 assistance of the office of temporary and disability assistance:
41 (1) the total number of refugees resettled by the agency and the total
42 of such refugees in each of the following age groups:
43 (A) under eighteen years of age,
44 (B) between eighteen and sixty-four years of age, and
45 (C) sixty-five years of age or older;
46 (2) the public assistance benefits the refugees have applied for or
47 have been granted; and
48 (3) the countries of origin of the refugees.
49 (c) Monitoring requirement. Each refugee resettlement agency shall
50 monitor refugees who have registered with the office of temporary and
51 disability assistance pursuant to subdivision nine of section twenty of
52 the social services law until such time as a refugee is granted perma-
53 nent resident status by the United States Citizenship and Immigration
54 Services.
55 § 6. This act shall take effect immediately.
