New York State Assembly

 
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A08837 Summary:

A08837 Actions:

A08837 Committee Votes:

Committee:VETERANS' AFFAIRS   Chair:Jean-Pierre      
DATE:05/14/2024AYE/NAY:17/0  Action: Favorable refer to committee Ways and Means        
Jean-Pierre
Aye
Manktelow
Aye
Hunter
Aye
Morinello
Aye
Pheffer Amato
Aye
Hawley
Aye
Stern
Aye
McDonough
Excused
Jones
Aye
Smullen
Aye
Buttenschon
Aye
Angelino
Aye
Rajkumar
Aye
Septimo
Aye
Burdick
Aye
Cunningham
Aye
Eachus
Aye
Berger
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/28/2024AYE/NAY:33/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Excused
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Absent
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Fahy
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/04/2024AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A08837 Floor Votes:

A08837 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8837C
 
SPONSOR: Cruz

 
TITLE OF BILL:
 
An act to amend the veterans' services law, the military law, and the
executive law, in relation to establishing the Alex R. Jimenez New York
state military immigrant family legacy program
 
 
PURPOSE OF BILL:
 
The purpose of this bill is to establish a program that shall assist the
foreign-born family members of New York State Veterans, discharged LGBT
Veterans, and currently serving service members, as well as non-citizen
service members or Veterans, to secure legal immigration status in the
United States, including but not limited to citizenship. The intended
recipient maybe dead or alive.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section (1) of the bill is the title clause, the veterans' services law
is amended by adding a new section 29-b that establishes the Staff
Sergeant Alex R. Jimenez New York state Military Immigrant Family Legacy
Program.
 
Subdivision 1 establishes the definitions used throughout the new
section of 29-b.
 
Subdivision 2 creates the Staff Sergeant Alex R. Jimenez New York State
Military Immigrant Family Legacy Program within the Office of New Ameri-
cans. The purpose of the program is to assist foreign-born family
members of veterans and current service members in securing legal immi-
gration status in the United States by means including naturalization
and citizenship.
 
Subdivision 3 delegates the administrative responsibility of choosing
program liaisons to' the Director of the Office for New Americans, the
Commissioner of Veterans' Services and the Adjutant General.  Liaisons
designated by the Commissioner of Veterans' Services and the Adjutant
General shall have the responsibility of referring intended recipients
in need of assistance with an immigration matter to the Office for New
Americans. The duties of the liaisons designated by the Director of the
Office for New Americans shall include identifying, developing, and
organizing all statewide programs to assist family members of veterans
and current service members obtain special immigration status, communi-
cation with the to ensure policy and regulation compliance, serving as a
liaison between relevant departments and organizations focusing on immi-
gration and veteran services, facilitating in the naturalization
services of those family members in coordination with the United States
Citizenship and Immigration Services or other appropriate agencies,
advocating for equal application of these services to all veterans and
current service members, providing information on this new program as
well as developing pamphlets to disseminate information and list the
contributions of veterans and service members, and preparing research
reports on the unique needs of foreign-born service members and veterans
as a whole.  tibdivas oh 4 provides that liaisons appointed pursuant to
subdivision 2 shall jointly submit' a report to the Commissioner of
Veterans' Services, the Adjutant General and the Director of the Office
of New Americans on January first each year following the first full
year after the effective date. Such report shall include, but not be
limited to, a description and evaluation of the program and the liai-
sons' activities for the preceding .calendar year as well as any recom-
mendations for future programmatic changes. The Director of the Office
of New Americans shall submit the report to the Governor and the Legis-
lature.
 
Section 2 amends section 4 of the veterans' services law to add encour-
aging the development of and providing for the establishment of a state
military immigrant family legacy program liaison to the powers and
duties of the department of veterans' services.
 
Section 3 adds a new section 256 of the military law to require the
adjutant general to encourage the development of and provide for the
establishment of a state military immigrant family legacy program liai-
son.
 
Section 4 amends section 94-b of the executive law to require the Office
for New Americans to encourage the development of and provide for the
establishment of a state military immigrant family legacy program liai-
son and to ask individuals seeking assistance from the office whether
they or a family member have ever served in the U.S military for the
purpose of identifying intended recipients advising them of the Staff
Sergeant Alex R. Jimenez New York state Military Immigrant Family Legacy
Program as well as informing them of federal and state benefit assist-
ance available through the department of veterans' services and local
veteran service agencies.
 
Section 5 states that this act shall take effect on the one hundred
fiftieth day after it shall have become a law.
 
 
JUSTIFICATION:
 
The difficult and dangerous work of those that are currently serving in
the military, as well as those who have served our country previously,
should be recognized and rewarded by the State and by the country as a
whole. Those who have and continue to serve in the armed forces display
patriotism and perseverance for the values of democracy that continue to
better our communities. As such, those that have served in the-United
States Military and their families receive the proper recognition and
rights that they defended during their times of service. By providing an
efficient program to expedite the naturalization process for veterans
and current service members the State can properly acknowledge their
hard work both in and out of the country. Additionally, all veterans who
have completed their service to the United States, regardless of their
sexual orientation or immigration status, will be equally covered by
this program. By providing these services; New York State can thank its
service members and their family members in a meaningful and impactful
way.
 
 
PRIOR LEGISLATIVE HISTORY:
 
S3586A / A 3403A: 2023 Veto Memo 44
 
A4660A: 2021-2022 Passed Assembly
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect on the one hundred fiftieth day it shall have
become a law.

A08837 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8837--C
 
                   IN ASSEMBLY
 
                                    January 18, 2024
                                       ___________
 
        Introduced  by M. of A. CRUZ, BARRETT, BURDICK, THIELE, HEVESI, MORINEL-
          LO, TAGUE, SILLITTI,  WALSH,  ZACCARO,  ZINERMAN,  SEAWRIGHT,  SIMONE,
          BURGOS,   CLARK,   CUNNINGHAM,   BENDETT,   GONZALEZ-ROJAS,   EPSTEIN,
          PHEFFER AMATO -- read once and referred to the Committee on  Veterans'
          Affairs -- reported and referred to the Committee on Ways and Means --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee -- reported and referred to the Committee on Rules --  Rules
          Committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to the Committee on Rules
 
        AN ACT to amend the veterans' services law, the military  law,  and  the
          executive  law,  in  relation  to establishing the Alex R. Jimenez New
          York state military immigrant family legacy program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  veterans'  services  law  is amended by adding a new
     2  section 29-b to read as follows:
     3    § 29-b. Staff sergeant Alex R.  Jimenez New York state military  immi-
     4  grant  family  legacy  program. 1. For the purposes of this section, the
     5  following terms shall have the following meanings:
     6    (a) "Uniformed service member" shall mean a member of the army,  navy,
     7  air force, space force, marine corps, coast guard, public health service
     8  commissioned  corps,  or national oceanic and atmospheric administration
     9  commissioned officer corps serving on active duty.
    10    (b) "The program" shall mean the staff sergeant Alex R. Jimenez  mili-
    11  tary immigrant family legacy program.
    12    (c)  "Liaison"  shall mean an employee of the office for new Americans
    13  designated by the director of the office for new Americans, an  employee
    14  of the division of military and naval affairs designated by the adjutant
    15  general, or the department designated by the commissioner, to serve as a
    16  military immigrant family legacy program liaison pursuant to subdivision
    17  three of this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07478-11-4
        A. 8837--C                          2
 
     1    (d)  "Veteran"  shall have the same meaning as such term is defined in
     2  section one of this article and shall also include any  veteran  with  a
     3  qualifying condition, as defined in section one of this article, and has
     4  received  a  discharge  other than bad conduct or dishonorable from such
     5  service,  or  is a discharged LGBT veteran, as defined in section one of
     6  this article, and has received a discharge other  than  bad  conduct  or
     7  dishonorable from such service.
     8    (e) "Intended recipients" shall mean uniformed service members, veter-
     9  ans, reserve component members and their family members.
    10    (f)  "Reserve  component members" shall mean those serving in the army
    11  reserve, navy reserve, marine corps reserve, the  army  national  guard,
    12  the  air  national  guard, or reserve corps of the public health service
    13  during the time the unit was federally recognized as  a  reserve  compo-
    14  nent.
    15    2. There is hereby established within the office for new Americans the
    16  staff  sergeant Alex R. Jimenez New York state military immigrant family
    17  legacy program.  The commissioner and adjutant general  shall  designate
    18  one  or more staff as liaisons to the office for new Americans who shall
    19  refer any intended recipient, alive or deceased, in need  of  assistance
    20  with  an immigration matter to the office for new Americans.  The office
    21  for new Americans shall designate one or more staff to be liaisons  with
    22  the  department and the division of military and naval affairs who shall
    23  receive and coordinate such referrals from the department and the  divi-
    24  sion  of  military  and  naval affairs and secure legal assistance under
    25  existing office for new Americans legal services  for  intended  recipi-
    26  ents.  The  primary  purpose  of the program shall be to assist intended
    27  recipients to secure legal immigration  status  in  the  United  States,
    28  including but not limited to, citizenship.
    29    3.  The  duties  of the liaisons at the office for new Americans shall
    30  include:
    31    (a) assisting intended recipients, who may qualify for  adjustment  of
    32  status,  special  immigration status through the federal Parole in Place
    33  program authorized by section 1758 of the 2020 National Defense Authori-
    34  zation Act, or any other sort of immigration  relief,  including  relief
    35  that  can  lead  to  citizenship,  in  securing  legal representation or
    36  consultation by qualified immigration attorneys or duly authorized board
    37  of immigration appeals representatives as may  be  necessary  to  obtain
    38  such relief.
    39    (b)  serving  as  liaison  between  the department and the division of
    40  military and naval affairs, the  United  States  citizenship  and  immi-
    41  gration services, the United States immigration and customs enforcement,
    42  the  United  States  department  of  veterans affairs, the United States
    43  department of defense, local veterans' service agencies, state agencies,
    44  community groups, advocates, and other veterans and  military  organiza-
    45  tions  and interested parties for the purpose of coordinating efforts to
    46  provide immigration relief to intended recipients.
    47    (c) consulting with qualified immigration attorneys or duly authorized
    48  board of immigration appeals approved representatives to facilitate such
    49  coordination with the United States citizenship and immigration services
    50  or other appropriate agency.
    51    (d) advocating for intended recipients.
    52    (e) developing and maintaining a  clearinghouse  for  information  and
    53  resources relating to the program as well as other federal, state, local
    54  and non-profit programs that may offer assistance to intended recipients
    55  in immigration matters.
        A. 8837--C                          3
 
     1    (f)  promoting  events and activities that educate and assist intended
     2  recipients, including but not limited to, veteran human  rights  confer-
     3  ences, veterans benefit and resources events.
     4    (g)  developing  information  to  be made available to congressionally
     5  chartered veterans' organizations, and local veterans' service  agencies
     6  to  provide a general overview of the program, including but not limited
     7  to, its purpose and  the  eligibility  requirements  for  adjustment  of
     8  status, citizenship, or any other form of available relief.
     9    (h)  preparing yearly reports on topics, including but not limited to,
    10  the demographics of intended recipients residing in the state, including
    11  the number of such intended recipients by county,  an  estimate  of  how
    12  many  may  be  eligible  for naturalization, and the unique needs of the
    13  intended recipients within New York state to the commissioner, the adju-
    14  tant general of the division of  military  and  naval  affairs  and  the
    15  office for new Americans.
    16    4.  The liaisons appointed pursuant to subdivision two of this section
    17  shall jointly submit a report to the commissioner, the adjutant  general
    18  and  the  director of the office for new Americans on January first each
    19  year following the first full year after  the  effective  date  of  this
    20  section. Such report shall include, but not be limited to, a description
    21  and  evaluation  of  the  program  and  the liaisons' activities for the
    22  preceding calendar year, and the number of intended recipients aided  by
    23  the  program,  as  well  as  any recommendations for future programmatic
    24  changes. The director of the office for new Americans shall  submit  the
    25  report  to  the  governor  and  the  legislature  in accordance with the
    26  provisions of paragraph (n) of subdivision five of section ninety-four-b
    27  of the executive law.
    28    § 2. Section 4 of the veterans' services law is amended  by  adding  a
    29  new subdivision 39 to read as follows:
    30    39.  To encourage the development of and provide for the establishment
    31  of a state military immigrant family legacy program liaison, as provided
    32  in section twenty-nine-b of this article.
    33    § 3. The military law is amended by adding a new section 256  to  read
    34  as follows:
    35    §  256.  State  military  immigrant family legacy program support. The
    36  adjutant general shall encourage the development of and provide for  the
    37  establishment  of a state military immigrant family legacy program liai-
    38  son, as provided in section twenty-nine-b of the veterans' services law.
    39    § 4. Paragraphs (m) and (n) of subdivision 5 of section  94-b  of  the
    40  executive  law, as added by chapter 206 of the laws of 2014, are amended
    41  and two new paragraphs (o) and (p) are added to read as follows:
    42    (m) Encourage and assist  local  governments  in  the  development  of
    43  activities to enhance civic engagement among immigrants and in immigrant
    44  communities; [and]
    45    (n) Beginning in two thousand fifteen, by June fifteenth of each year,
    46  produce  a  report to the governor, the speaker of the assembly, and the
    47  temporary president of the  senate  describing  the  activities  of  the
    48  office, including but not limited to, summarizing calls received through
    49  the  hotline and website, information on ESOL training services provided
    50  by the office, the number of immigrants assisted through the opportunity
    51  centers, or an estimation thereof, the status of any workforce  develop-
    52  ment programs, and any other relevant information[.];
    53    (o)  Encourage the development of and provide for the establishment of
    54  a state military immigrant family legacy program liaison, as provided in
    55  section twenty-nine-b of the veterans' services law; and
        A. 8837--C                          4
 
     1    (p) Request individuals seeking assistance from the office answer  the
     2  following  questions:  "Have  you served in the United States military?"
     3  "Has someone in your family  served  in  the  United  States  military?"
     4  Individuals  identifying  themselves  or  a  family  member as "intended
     5  recipients"  of  the staff sergeant Alex R. Jimenez New York state mili-
     6  tary immigrant family legacy program as such term is  defined  in  para-
     7  graph  (e)  of subdivision one of section twenty-nine-b of the veterans'
     8  services law, shall be advised of such program. In addition, such  indi-
     9  viduals  shall be informed that the department of veterans' services and
    10  local veterans' service agencies established pursuant to section  seven-
    11  teen  of  the  veterans'  services  law  provide assistance to uniformed
    12  service members, veterans and their families regarding  benefits  avail-
    13  able  under  federal  and  state law. Information regarding veterans and
    14  military status provided by assisted individuals shall be  protected  as
    15  personal  confidential material, and used only to identify such individ-
    16  uals as "intended recipients" of the staff sergeant Alex R. Jimenez  New
    17  York  State military immigrant family legacy program, and to assist such
    18  individuals in matters relating to immigration status  and  citizenship,
    19  and  in  referring  such  individuals  to  the  department  of veterans'
    20  services or local veterans' service agencies for information and assist-
    21  ance with regard to benefits and entitlements under  federal  and  state
    22  law.
    23    §  5. This act shall take effect on the one hundred fiftieth day after
    24  it shall have become a law.

A08837 LFIN:

 
NO LFIN

A08837 Chamber Video/Transcript: