•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

A08021 Summary:

COSPNSRForrest, Zaccaro, Ardila, Gallagher, Gonzalez-Rojas, Stirpe, Weprin, Bores, Hevesi, Burgos, Paulin, Rivera, Raga, Ramos, Shrestha, Simon, Seawright
Add Art 4-B §§155 - 158, Lab L; amd §291, Exec L; amd §53, Civ Serv L
Enacts the "New York emergency expedited temporary work permit act" to allow asylum seekers to apply for and be granted temporary work permits while their federal immigration status is being determined.
Go to top

A08021 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                   September 13, 2023
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Labor
        AN ACT to amend the labor law, the executive law and the  civil  service
          law,  in  relation to enacting the New York emergency expedited tempo-
          rary work permit act; and providing for the repeal of such  provisions
          upon the expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  emergency expedited temporary work permit act".
     3    § 2.  Legislative finding and intent.  The federal immigration law has
     4  become outdated and an impediment to New York state's ability to quickly
     5  and properly integrate asylum seekers allowed to enter the United States
     6  of  America.     Current federal law requires that an asylum seeker wait
     7  150 days before applying for a work permit.  Current work permit  appli-
     8  cations can take anywhere from 5 months to 14 months to process, leaving
     9  asylum  seekers  without  the  legal paperwork to support themselves and
    10  their families.  Asylum seekers desperate to provide shelter, food,  and
    11  living  expenses  for  themselves  and their families are forced to work
    12  without proper documentation leaving  them  open  to  exploitation  from
    13  employers that range from working in dangerous conditions without train-
    14  ing  to  having  their  wages  stolen.    In view of the current federal
    15  inaction to expedite federal work permit applications for  asylum  seek-
    16  ers, it is incumbent on New York state to exercise its state's constitu-
    17  tional  duties  and  the  powers  reserved  to  states under the federal
    18  constitution and enact a worker permit program.
    19    § 3. The labor law is amended by adding a new article 4-B to  read  as
    20  follows:
    21                                 ARTICLE 4-B
    22                        ASYLEE WORKER PERMIT PROGRAM
    23  Section 155. Definitions.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8021                             2
     1          156. Asylee worker permit program.
     2          157. Rules and regulations.
     3          158. Construction.
     4    § 155. Definitions. For the purposes of this article:
     5    1.  The  term  "asylee"  shall have the same meaning as defined in the
     6  federal immigration and nationality act  (8 U.S.C. § 1101) provided that
     7  for the purposes of this article such term shall  include  both  asylees
     8  who  have  filed federal paperwork to obtain asylum status and those who
     9  are in the process of filing such application.
    10    2. The term "employment" shall include employment in both the  private
    11  and public sectors.
    12    §  156. Asylee worker permit program. 1. The commissioner shall estab-
    13  lish a temporary program for the expedited issuance of work  permits  by
    14  the  department to asylum seekers residing in New York within forty-five
    15  days of application.
    16    2. No fees shall be charged for the issuance of asylee worker permits.
    17    3. Permits issued under this section shall be valid for  a  period  of
    18  eighteen  months  from  issuance,  but  may be renewed pursuant to regu-
    19  lations adopted by the department.
    20    § 157. Rules and regulations. The commissioner shall promulgate  emer-
    21  gency  rules  and  regulations  for  the  issuance  of worker permits to
    22  asylees within thirty days of the effective date of this section.
    23    § 158. Construction. Nothing contained within this  article  shall  be
    24  construed  to  grant  any  additional rights not explicitly provided for
    25  pursuant to the provisions of this article.
    26    § 4. Subdivision 1 of section 291 of the executive law, as amended  by
    27  chapter 8 of the laws of 2019, is amended to read as follows:
    28    1. The opportunity to obtain employment without discrimination because
    29  of  age, race, creed, color, national origin, sexual orientation, gender
    30  identity or expression, military status, sex, marital status, [or] disa-
    31  bility, or status as an asylum  seeker,  is  hereby  recognized  as  and
    32  declared to be a civil right.
    33    §  5.   Section 53 of the civil service law, as amended by chapter 669
    34  of the laws of 2022, is amended to read as follows:
    35    § 53. Noncitizen status. Except  as  otherwise  provided  by  law,  no
    36  noncitizen  lawfully  admitted  for  permanent  residence  in the United
    37  States shall be denied appointment to  a  position  in  the  competitive
    38  class  of  civil service for reasons of noncitizen status. The state and
    39  municipal civil service  commissions  may,  by  rule,  provide  for  the
    40  appointment  of persons who are asylum seekers and who are issued worker
    41  permits under article four-B of the labor law.
    42    § 6. This act shall take effect on the forty-fifth day after it  shall
    43  have  become  a  law  and shall expire 2 years after such effective date
    44  when upon such date the provisions of this act shall be deemed repealed.
Go to top