Requires that local governments comply with a detainer request issued by a federal law enforcement agency; requires that such local government not interfere with the ability of federal law enforcement officials to conduct enforcement activities at municipal or county jails in furtherance of their duty to enforce federal laws.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7706
SPONSOR: Flood TITLE OF BILL:
An act to amend the executive law and the general municipal law, in
relation to prohibiting local government action which prevents the
enforcement of federal laws
PURPOSE OR GENERAL IDEA OF BILL:
This bill, which shall be known as the New Yorkers Combating Alien Reci-
divism and Ending Sanctuary (NY CARES) Act, prohibits local governments
and entities thereof, including sheriff's departments, municipal police
departments and district attorney's offices, from adopting laws or poli-
cies which impede or interfere with the enforcement of federal immi-
gration laws.
SUMMARY OF PROVISIONS:
Section I: adds a new paragraph (u) to subdivision 2 of section 709 of
the Executive Law, relating to the powers and duties of the Commissioner
of the Division of Homeland Security and Emergency Services. This new
paragraph requires the commissioner to develop a plan to ensure that no
local government adopts any law or policy which serves to impede or
interfere with the enforcement of federal immigration laws.
Section II: adds a new section 139-E to the general municipal law,
prohibiting a local government from adopting a law or policy which
interferes with the enforcement of federal immigration laws.Section III:
adds a severability clause.
Section IV: provides that this act shall take effect immediately.
JUSTIFICATION:
This bill will be known as the NY CARES Act (New Yorkers Combating Alien
Recidivism and Ending Sanctuary). With the federal Title 42 law expira-
tion, New York state and many jurisdictions therein have declared a
state of emergency due to the anticipated influx of illegal immigrants.
Within days--and even before the official expiration of Title 42--
jurisdictions in the state have acted to provide sanctuary to illegal
immigrants, sometimes at the detriment of other New York residents. For
example, in Newburgh, New York, twenty homeless veterans were evicted
from hotels they were temporarily housed in, in favor of housing the
newly arriving illegal immigrants coming in the wake of the expiration
of the federal law. Criminals are pouring over the southern U.S. border
now, and many are being bused to municipalities across the state. Local
governments are ill-equipped to handle this influx, and in fact have
admittedly declared the various states of emergency due to their inca-
pacity to deal with it. Alarmingly, illegal gangs and drug activity will
increase with this influx making problems like the fentanyl crisis in
our communities increase exponentially. However well intentioned, local
policies of non-cooperation with federal detention requests puts inno-
cent lives at risk and should be abandoned. Our local law enforcement
agencies should not be providing sanctuary to any person who is in their
custody, who is also the subject of a detention order issued by any
federal law enforcement agency. Also, local governments should not be
picking and choosing which federal laws or agencies that they wish to
cooperate with, and those which they wish to obstruct. This bill is
urgently needed to ensure that local laws will not be put into place
that will hinder the enforcement of federal immigration laws.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to State
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7706
2023-2024 Regular Sessions
IN ASSEMBLY
June 6, 2023
___________
Introduced by M. of A. FLOOD -- read once and referred to the Committee
on Local Governments
AN ACT to amend the executive law and the general municipal law, in
relation to prohibiting local government action which prevents the
enforcement of federal laws
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (s) and (t) of subdivision 2 of section 709 of
2 the executive law, paragraph (s) as amended and paragraph (t) as added
3 by section 14 of part B of chapter 56 of the laws of 2010, are amended
4 and paragraph (u) of subdivision 2 is relettered paragraph (v) and a new
5 paragraph (u) is added to read as follows:
6 (s) work in consultation with or make recommendations to the commis-
7 sioner of agriculture and markets in developing rules and regulations
8 relating to ammonium nitrate security; [and]
9 (t) develop, maintain, and deploy state, regional and local all-hazard
10 incident management teams[.]; and
11 (u) develop a plan, in conjunction with the state police, to determine
12 whether a county, city, town or village, any agency, office, department
13 or authority thereof, including a sheriff's department, municipal police
14 department or district attorney's office is in compliance with the
15 requirements of section one hundred thirty-nine-e of the general munici-
16 pal law. Together, the commissioner and superintendent of the state
17 police shall compile a list of local government entities that are deemed
18 to be in violation of section one hundred thirty-nine-e of the general
19 municipal law. This list shall be updated monthly, and shall be
20 forwarded to the comptroller.
21 § 2. The general municipal law is amended by adding a new section
22 139-e to read as follows:
23 § 139-e. Prohibition against local government action preventing the
24 enforcement of federal laws. 1. In accordance with articles nine and
25 thirteen of the constitution, no county, city, town or village, or any
26 agency, office, department or authority thereof, including a sheriff's
27 department, municipal police department, or district attorney's office,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11364-01-3
A. 7706 2
1 or the governing body thereof, shall adopt any rule, order, ordinance,
2 local law or policy, either formally or informally, prohibiting or
3 inhibiting the following:
4 (a) the compliance with a detainer request issued by a federal law
5 enforcement agency, pertaining to an individual lawfully detained by the
6 local government entity; or
7 (b) the ability of federal law enforcement officials to enter and
8 conduct enforcement activities at a municipal or county jail, in furth-
9 erance of their duty to enforce federal laws.
10 2. For purposes of this section, a "federal law enforcement agency"
11 includes the:
12 (a) United States central intelligence agency,
13 (b) United States department of homeland security,
14 (c) United States department of justice,
15 (d) United States drug enforcement administration,
16 (e) federal air marshal service,
17 (f) federal bureau of investigation,
18 (g) federal emergency management agency,
19 (h) federal protective service,
20 (i) United States immigration and customs enforcement,
21 (j) national park service,
22 (k) United States secret service,
23 (l) transportation security administration,
24 (m) United States coast guard,
25 (n) United States customs and border protection, and
26 (o) United States marshals.
27 3. (a) A person shall not be considered to be lawfully detained if
28 such contact with law enforcement is for the purpose of reporting a
29 crime or suspected criminal activity, or when the purpose is to assist
30 law enforcement with an investigation.
31 (b) This section shall not apply to any school district, charter
32 school or municipal health services facility.
33 4. (a) No state funding shall be appropriated or disbursed to any
34 county, city, town or village, or any agency, office, department or
35 authority thereof, including a sheriff's department, municipal police
36 department or district attorney's office, determined to be in violation
37 of this section, pursuant to paragraph (u) of subdivision two of section
38 seven hundred nine of the executive law.
39 (b) The comptroller shall, prior to the disbursement or delivery of
40 any state funds, to a county, city, town or village, or any agency,
41 office, department or authority thereof, verify that the receiving enti-
42 ty has not been determined to be in violation of this section, in
43 accordance with the most recent listing received pursuant to paragraph
44 (u) of subdivision two of section seven hundred nine of the executive
45 law.
46 § 3. If any clause, sentence, paragraph, subdivision, section or part
47 of this act shall be adjudged by any court of competent jurisdiction to
48 be invalid, such judgment shall not affect, impair or invalidate the
49 remainder thereof, but shall be confined in its operation to the clause,
50 sentence, paragraph, subdivision, section or part thereof directly
51 involved in the controversy in which such judgment shall have been
52 rendered. It is hereby declared to be the intent of the legislature that
53 this act would have been enacted even if such invalid provisions had not
54 been included herein.
55 § 4. This act shall take effect immediately.
