New York Senate Bill S05121

New York 2025-2026 Regular Session

• Introduced: 2/19/25
• Refer: 2/19/25
• Refer: 1/7/26

Caption

Removes the affidavit of the lawful immigration status requirement for certain students.

Summary

This bill amends the Education Law to remove a requirement that certain students without lawful immigration status file an affidavit stating that they have applied, or will apply when eligible, to legalize their immigration status. The bill repeals several related provisions across multiple sections of the Education Law, including provisions tied to City University and other higher education institutions, so that the affidavit requirement is eliminated from the affected statutes. In practical terms, the measure would make it easier for undocumented students to access public higher education without having to make a formal declaration about their immigration status or future legalization efforts. The bill appears to be a targeted cleanup of existing statutory language, with conforming repeals and technical amendments to ensure the affidavit requirement is fully removed wherever it appears in the Education Law.

Impact

The bill would change state higher education law by striking statutory language that conditions enrollment or related administrative processes on an affidavit from students lacking lawful immigration status. It affects provisions in sections 661, 6206, 6301, and 6455 of the Education Law, and it includes a delayed or coordinated effective-date structure to align with existing statutory reversion language. The main parties affected are public colleges and universities, their trustees or governing boards, and students without lawful immigration status who would no longer be subject to the affidavit requirement.

Sentiment

No committee transcript or recorded vote information was provided, so there is no direct evidence of debate or formal support/opposition in the materials supplied. Based on the bill text and caption, the measure appears to be framed as a removal of a barrier for immigrant students and likely reflects a supportive posture toward access to higher education. The absence of voting history or discussion prevents a more specific assessment of legislative sentiment.

Contention

The likely point of contention is the treatment of students without lawful immigration status and whether public institutions should require any affidavit or declaration regarding efforts to legalize status. Supporters would likely view the bill as reducing barriers and administrative burdens for immigrant students, while opponents could argue that the state should retain some form of status-related verification or accountability. Because no transcripts or votes are included, the specific arguments and sponsors of those positions are not documented in the provided materials.