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NY State Legislature· A2435-2025Signed by Governor

Relates to the Alex R. Jimenez New York state military immigrant family legacy program, the official text

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S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2435
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Veterans' Affairs
 
 AN ACT to amend the veterans' services law, in relation to 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:
 
   Section 1. Section 29-b of the veterans' services law, as added  by  a
 chapter  of  the  laws  of 2024 amending the veterans' services law, the
 military law, and the executive law relating to establishing the Alex R.
 Jimenez New York state military  immigrant  family  legacy  program,  as
 proposed in legislative bills numbers S. 8119-C and A. 8837-C, is renum-
 bered section 29-d and is amended to read as follows:
   §  29-d.  Staff sergeant Alex R. Jimenez New York state military immi-
 grant family legacy program. 1. For the purposes of  this  section,  the
 following terms shall have the following meanings:
   (a)  "Uniformed service member" shall mean a member of the army, navy,
 air force, space force, marine corps, coast guard, public health service
 commissioned corps, or national oceanic and  atmospheric  administration
 commissioned officer corps serving on active duty.
   (b)  "The program" shall mean the staff sergeant Alex R. Jimenez mili-
 tary immigrant family legacy program.
   (c) "Liaison" shall mean an employee of the office for  new  Americans
 designated  by the director of the office for new Americans, an employee
 of the division of military and naval affairs designated by the adjutant
 general, [or] AND AN  EMPLOYEE  OF  the  department  designated  by  the
 commissioner,  to  serve  as  a military immigrant family legacy program
 liaison pursuant to subdivision three of this section.
   (d) "Veteran" shall have the same meaning as such term is  defined  in
 section  one  of  this article and shall also include any veteran with a
 qualifying condition, as defined in section one of this article, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02723-01-5
 A. 2435                             2
 
 service,  or  is a discharged LGBT veteran, as defined in section one of
 this article, and has received a discharge other  than  bad  conduct  or
 dishonorable from such service.
   (e) "Intended recipients" shall mean uniformed service members, veter-
 ans, reserve component members and their [family members] SPOUSE, DOMES-
 TIC  PARTNER,  MOTHER,  FATHER,  STEPMOTHER,  STEPFATHER, MOTHER THROUGH
 ADOPTION, FATHER THROUGH ADOPTION, OR CHILDREN, STEPCHILDREN, OR ADOPTED
 CHILDREN. THE TERM "INTENDED RECIPIENTS" SHALL ALSO INCLUDE THE NEXT-OF-
 KIN OF AN ELIGIBLE UNIFORMED SERVICE MEMBER, VETERAN OR  RESERVE  COMPO-
 NENT  MEMBER  WHO  DIED  AS A RESULT OF INJURY OR DISEASE INCURRED IN OR
 AGGRAVATED BY THEIR SERVICE IN THE UNIFORMED SERVICES, MAKING A  REQUEST
 FOR  THE  GRANT  OF  POSTHUMOUS  U.S.    CITIZENSHIP  ON  BEHALF OF SUCH
 UNIFORMED SERVICE MEMBER, VETERAN OR RESERVE COMPONENT MEMBER.
   (f) "Reserve component members" shall mean those serving in  the  army
 reserve,  navy  reserve,  marine corps reserve, the army national guard,
 the air national guard, or reserve corps of the  public  health  service
 during  the  time  the unit was federally recognized as a reserve compo-
 nent.
   2. There is hereby established within the office for new Americans the
 staff sergeant Alex R. Jimenez New York state military immigrant  family
 legacy  program.   The commissioner and adjutant general shall designate
 one or more staff as liaisons to the office for new Americans who  shall
 refer any intended recipient[, alive or deceased,] in need of assistance
 with  an immigration matter to the office for new Americans.  The office
 for new Americans shall designate one or more staff to be liaisons  with
 the  department and the division of military and naval affairs who shall
 [receive and] coordinate such referrals  from  the  department  and  the
 division  of  military  and  naval  affairs and [secure legal assistance
 under existing office for new  Americans  legal  services  for  intended
 recipients] ENSURE THE INTENDED RECIPIENT IS REFERRED TO EXISTING OFFICE
 FOR  NEW  AMERICANS PROGRAMS, INCLUDING, BUT NOT LIMITED TO, IMMIGRATION
 LEGAL SERVICE PROGRAMS DELIVERED BY  PARTNERING  COMMUNITY  ORGANIZATION
 AND  IMMIGRATION COUNSEL. The primary purpose of the program shall be to
 assist intended recipients to secure legal  immigration  status  in  the
 United States, including but not limited to, citizenship.
   3.  The [duties of the liaisons at the] office for new Americans shall
 [include] HAVE THE RESPONSIBILITY TO:
   (a) [assisting]  REFER  intended  recipients[,  who  may  qualify  for
 adjustment  of  status,  special  immigration status through the federal
 Parole in Place program authorized by section 1758 of the 2020  National
 Defense  Authorization  Act,  or  any  other sort of immigration relief,
 including relief that can lead to citizenship, in securing legal  repre-
 sentation  or  consultation  by  qualified immigration attorneys or duly
 authorized board of immigration appeals representatives as may be neces-
 sary to obtain such relief] IN MATTERS RELATED TO IMMIGRATION STATUS, TO
 SERVICE PROVIDERS.
   (b) [serving] SERVE as liaison [between] FOR the  department  and  the
 division  of  military and naval affairs, [the United States citizenship
 and immigration services, the  United  States  immigration  and  customs
 enforcement,  the  United  States  department  of  veterans affairs, the
 United States department of defense,] local veterans' service  agencies,
 state  agencies,  community  groups,  advocates,  and other veterans and
 military organizations and interested parties for the purpose of coordi-
 nating efforts to provide ACCESS TO  immigration  [relief]  SERVICES  to
 intended recipients AS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION.
 A. 2435                             3
 
   (c)  [consulting  with qualified immigration attorneys or duly author-
 ized board of immigration appeals approved representatives to facilitate
 such coordination with the United  States  citizenship  and  immigration
 services or other appropriate agency.
   (d) advocating for intended recipients.
   (e)  developing and maintaining a clearinghouse for]  MAINTAIN A TOLL-
 FREE, MULTI-LINGUAL HOTLINE AND WEBSITE FOR PURPOSES INCLUDING, BUT  NOT
 LIMITED  TO,  DISSEMINATING  information  and  resources relating to the
 program as well as other federal, state, local and  non-profit  programs
 that may offer assistance to intended recipients in immigration matters.
   [(f)  promoting events and activities that educate and assist intended
 recipients, including but not limited to, veteran human  rights  confer-
 ences, veterans benefit and resources events.
   (g) developing information to be made available to]
   (D)  COORDINATE  WITH  THE DEPARTMENT AND THE DIVISION OF MILITARY AND
 NAVAL AFFAIRS AND OTHERWISE MARSHAL THE RESOURCES OF THE STATE TO  SERVE
 THE NEEDS OF INTENDED RECIPIENTS.
   (E) SHARE INFORMATION ABOUT THE PROGRAM WITH congressionally chartered
 veterans'  organizations,  and  local  veterans'  service  agencies  [to
 provide a general overview of the program, including but not limited to,
 its purpose and the eligibility requirements for adjustment  of  status,
 citizenship, or any other form of available relief.
   (h)  preparing yearly reports on topics, including but not limited to,
 the demographics of intended recipients residing in the state, including
 the number of such intended recipients by county,  an  estimate  of  how
 many  may  be  eligible  for naturalization, and the unique needs of the
 intended recipients within New York state to the commissioner, the adju-
 tant general of the division of  military  and  naval  affairs  and  the
 office for new Americans].
   4.  The liaisons appointed pursuant to subdivision two of this section
 shall jointly [submit  a]  report  THE  NUMBER  OF  INTENDED  RECIPIENTS
 REFERRED  TO  THE  OFFICE  FOR  NEW AMERICANS THROUGH THE PROGRAM to the
 commissioner[, the adjutant general and the director of the  office  for
 new  Americans] on January first each year following the first full year
 after the effective date of this section. [Such  report  shall  include,
 but  not  be limited to, a description and evaluation of the program and
 the liaisons' activities for the preceding calendar year, and the number
 of intended recipients aided by the program, as well as any  recommenda-
 tions  for future programmatic changes.] The [director of the office for
 new Americans] COMMISSIONER shall submit the report to the governor  and
 the  legislature  [in accordance with the provisions of paragraph (n) of
 subdivision five of section ninety-four-b of the executive law] BY MARCH
 FIRST OF EACH YEAR.
   5. FOR THE PURPOSES OF THIS PROGRAM, PERSONALLY  IDENTIFYING  INFORMA-
 TION  PROVIDED  BY INTENDED RECIPIENTS SHALL NOT BE RETAINED, DISCLOSED,
 DISSEMINATED, OR OTHERWISE PUBLISHED OR MADE AVAILABLE  BY  THE  DEPART-
 MENT,  THE DIVISION OF MILITARY AND NAVAL AFFAIRS, OR THE OFFICE FOR NEW
 AMERICANS.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2024 amending the veterans' services
 law, the military law, and the executive law  relating  to  establishing
 the  Alex  R.    Jimenez New York state military immigrant family legacy
 program, as proposed in legislative  bills  numbers  S.  8119-C  and  A.
 8837-C, takes effect.
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