Relates to the oversight of immigration detention facilities; prohibits municipalities from using funds or resources for the construction of any new detention facility or the expansion of any existing detention facility without approval by the legislature; establishes a committee on immigration detention oversight.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6281
SPONSOR: Weprin TITLE OF BILL:
An act to amend the general municipal law, in relation to oversight of
immigration detention facilities
PURPOSE OR GENERAL IDEA OF BILL:
To provide additional oversight of immigration detention facilities4in
New York State, limit the expansion of immigration detention facilities
in New York State and to prohibit the construction of new immigration
detention facilities unless approval is gained from the legislature.
SUMMARY OF PROVISIONS:
Section 1 amends the general municipal law by adding a new section 99-x.
Section 99x subsection 1 amends the general municipal law to prohibit
the use of municipal funds, or resources for the construction or expan-
sion of immigration detention facilities without approval from the
legislature.
Section 99x subsection 2 amends the general municipal law to prohibit
the use of municipal lands, buildings or other resources for the
construction of any new federal or private detention facilities within
its jurisdiction; and limits municipalities from expanding upon and
entering in current or new agreements to detain noncitizens for civil
proceedings unless such municipality has obtained legislative approval.
Section 99x subsection 3 establishes a committee on immigration
detention oversight consisting of six members, sets parameters for the
review of existing immigration detention facilities, allocates funding
for the committee on immigration detention, sets baseline standards for
review, and adds reporting requirements for the established committee.
Section 2 sets the effective date.
JUSTIFICATION:
Recent reports have shown that public and private contractors running
immigration detention facilities have violated federal detention stand-
ards thousands of times in recent years, including failing to report
allegations of sexual assaults and staff misconduct to Immigration and
Customs Enforcement.
In addition, members of the legislature whom have conducted visits to
immigration detention facilities located the State have noted a lack of
heat, less than adequate clothing for confinement, a high cost for phone
calls, a lack of care in medical appointments in addition to a denial of
due process with detainees being held indefinitely for weeks, months, or
even years, in anticipation of a court hearing.
This bill would ensure that immigration detention facilities are in
accordance with legal detention standards as determined by the Federal
Government and New York State while ensuring that local jails are unable
to expand the detention of immigrants without legislative approval.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6281
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. WEPRIN, DICKENS, OTIS, CRUZ, ROZIC, REYES, RAMOS,
LAVINE -- read once and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to oversight of
immigration detention facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 99-z to read as follows:
3 § 99-z. Immigration detention facilities within municipalities. 1. (a)
4 No municipality shall permit municipal funds or resources to be utilized
5 for the construction of any new detention facilities or the expansion of
6 existing detention facilities to house immigrant, migrant, refugee or
7 asylum-seeking populations within its borders, unless such construction
8 or expansion has been approved by the legislature as provided in para-
9 graph (b) of this subdivision.
10 (b) A municipality shall obtain legislative approval prior to engaging
11 in any of the following:
12 (i) seeking funds for the construction or support of immigration
13 detention facilities, including, but not limited to, applying for a
14 grant, or soliciting or accepting state or federal funds or in-kind or
15 other donations;
16 (ii) engaging in any plans to share resources and coordinate detention
17 activities with the United States bureau of immigration and customs
18 enforcement or other immigration officials such as using available beds
19 in local city jails for detention use; or
20 (iii) constructing any new detention facilities within such munici-
21 pality's jurisdiction.
22 (c) For purposes of this section the term "municipality" means any
23 county, city, town, or village.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04282-01-3
A. 6281 2
1 2. (a) No municipality shall utilize municipal land or buildings or
2 other resources toward the construction of any new federal or private
3 detention facilities within its jurisdiction.
4 (b) Any municipality that does not have a contract with the federal
5 government or any federal agency or a private corporation to house or
6 detain noncitizens for purposes of civil immigration custody, shall not
7 enter into a contract with the federal government or any federal agency
8 or a private corporation to house or detain in a locked detention facil-
9 ity noncitizens.
10 (c) Any municipality that has an existing contract with the federal
11 government or any federal agency or a private corporation to detain
12 noncitizens for purposes of civil immigration custody, shall not, on and
13 after the effective date of this section, renew or modify such contract
14 to expand the maximum number of contract beds to house or detain in a
15 locked detention facility noncitizens for purposes of civil immigration
16 custody.
17 (d) A municipality shall not approve or sign a deed, instrument, or
18 other document related to a use or transfer of land or property, or
19 issue a permit for the building or reuse of existing buildings by any
20 private corporation, contractor, or vendor to house or detain nonciti-
21 zens for purposes of civil immigration proceedings unless such munici-
22 pality has obtained legislative approval.
23 3. (a) A committee on immigration detention oversight is hereby estab-
24 lished for the purposes of ensuring increased oversight of existing
25 federal and private detention centers through regular annual reviews of
26 existing detention facilities. Such committee shall consist of six
27 members, one member each appointed by the governor, the attorney gener-
28 al, the comptroller, the secretary of state, the temporary president of
29 the senate, and the speaker of the assembly.
30 (b) Such committee shall:
31 (i) delegate authority, and where necessary, identify appropriate
32 agencies to determine a recurring series of regular annual reviews of
33 existing detention facilities;
34 (ii) allocate funding, subject to appropriation, to ensure timely and
35 regular review of detention facilities; and
36 (iii) ensure and safeguard the treatment of individuals detained with-
37 in immigration detention facilities in a manner that meets or exceeds
38 the federal national standards and other applicable legal requirements.
39 (c) Such committee shall issue an annual report to the governor, the
40 attorney general, the comptroller, the secretary of state, the temporary
41 president of the senate, and the speaker of the assembly with its find-
42 ings and a list of any and all determinations where an immigration
43 detention facility does not meet or exceed the federal national stand-
44 ards and other applicable legal requirements.
45 § 2. This act shall take effect immediately.
