Protects people from civil arrest while within one thousand feet of a sensitive location, unless such civil arrest is supported by a judicial warrant or judicial order authorizing such civil arrest.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8139
SPONSOR: Lasher TITLE OF BILL:
An act to amend the civil rights law, in relation to protecting people
from civil arrest at certain locations
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the legislation is to provide continuity of access to
important locations in our communities without fear of immigration
related consequences.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new Section 29 to the Civil Rights Law that would
protect individuals from civil arrest while within 1,000 feet of certain
locations unless the civil arrest is supported by a judicial warrant or
judicial order issued by a state or federal judge from the judiciary.
Wilful violations of this section constitute contempt of the court and
false imprisonment. Any individual who has been subject to civil arrest
in violation of this section and the Attorney General are authorized to
bring a civil action to obtain equitable and declaratory relief if they
have reason to believe a violation of this provision has occurred or may
occur. Locations where civil arrests may not occur are: ( I) any medical
or health care facility; (2) all public and educational institutions;
(3) any scholastic or education-related activity or event; (4) locations
where emergency services providers provide shelter or food; (5)
locations of any organization that that assists children, pregnant
women, victims of crime or abuse, individuals with significant Mental or
physical disabilities, provides disaster or emergency social services
and assistance, or services for individuals experiencing homelessness,
including food banks and shelters; (6) places o f worship and sites of
funerals, weddings, or other religious ceremonies; and (7) any office of
a state or local elected official.
Section 2 establishes the severability of the act.
Section 3 establishes the immediate effective date of the act.
JUSTIFICATION:
The Trump Administration, through Immigration and Customs Enforcement
("ICE") has time and again run roughshod over the due process rights of
immigrants established under the Constitution and in Federal law. In
doing so, ICE has created a climate of fear that deters immigrants from
participating in society and accessing services - from public education,
to health care, to food banks and homeless shelters - that provide for
their welfare and, in doing so, strengthen and protect entire communi-
ties..
This legislation would muster the legal power of the state to protect
immigrants accessing such services, by prohibiting administrative
arrests - non-criminal arrests unsupported by a judicial warrant - at
places deemed sensitive locations. In doing so, it aims to enable all
New Yorkers to seek out the services, assistance, and protection of
government and nonprofit organizations without fear of being whisked
away to a detention facility and deprived of due process.
PRIOR LEGISLATIVE HISTORY:
2021-2022: S.6403 - Referred to Codes
2023-2024: S.5457 - Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
