•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A10774 Summary:

BILL NOA10774
 
SAME ASNo Same As
 
SPONSORRamos
 
COSPNSR
 
MLTSPNSR
 
 
Prohibits certain immigration and customs enforcement agents or officers from holding employment as a state employee, an employee of a political subdivision, a law enforcement officer, or a teacher; defines terms.
Go to top

A10774 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10774
 
                   IN ASSEMBLY
 
                                      April 1, 2026
                                       ___________
 
        Introduced  by M. of A. RAMOS -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT prohibiting the employment of certain United  States  immigration
          and  customs enforcement agents or officers in certain state and local
          positions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The Legislature finds and declares that:
     2    a.  Beginning  in 2025, immigration and customs enforcement agents and
     3  officers have  threatened  and  intimated  United  States  citizens  and
     4  noncitizens  alike,  through  untargeted  arrests and brutality based on
     5  nothing more than a person's racial appearance, language  spoken,  means
     6  of   earning   a   living,  or  exercise  of  first  amendment-protected
     7  expression.
     8    b. Beginning in 2025, the United States Department of Homeland Securi-
     9  ty has recruited agents and officers to immigration and customs enforce-
    10  ment with the promise of being unrestrained in the manner in which  they
    11  can  engage  with  civilians  or by the laws of the United States or any
    12  State.
    13    c. The current  operations  of  immigration  and  customs  enforcement
    14  demonstrate  an  immorality  that  New York cannot afford to have in its
    15  ranks of police officers, peace  officers  and  teachers,  whose  duties
    16  include interacting with the public.
    17    d.  Ensuring  that  public  employees, particularly those who interact
    18  with the public in unsupervised roles, are of sound mind and not  likely
    19  to  engage in racial profiling or brutalization is a matter of statewide
    20  concern.
    21    § 2. a. Notwithstanding any law, rule, or regulation to the  contrary,
    22  persons  employed  by the United States Immigration and Customs Enforce-
    23  ment as an immigration and customs enforcement agent or officer  at  any
    24  time  and  in  any  capacity  between September 1, 2025, and January 20,
    25  2029, shall be disqualified from holding  employment,  whether  with  or
    26  without  compensation,  as  a state employee, an employee of a political
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15042-01-6

        A. 10774                            2
 
     1  subdivision, a law enforcement officer, or a teacher  on  or  after  the
     2  effective date this act.
     3    b. As used in this section:
     4    (i)  "Immigration  and  customs  enforcement agent or officer" means a
     5  person responsible for or who provides direct support in the identifica-
     6  tion, arrest, detention, transport, processing, or removal  of  individ-
     7  uals  violating  federal  immigration  laws.  "Immigration  and  customs
     8  enforcement agent or officer" shall include,  but  not  be  limited  to,
     9  deportation officers and immigration enforcement agents.
    10    (ii) "Law enforcement agency" means a state agency or political subdi-
    11  vision,  or part thereof, determined by the attorney general to have law
    12  enforcement responsibilities.
    13    (iii) "Law enforcement officer" means any person who is employed as  a
    14  sworn member of any law enforcement agency, as defined in paragraph (ii)
    15  of  this  subdivision,  department,  division, or instrumentality who is
    16  statutorily empowered to act for the detection,  investigation,  arrest,
    17  conviction, detention, or rehabilitation of persons violating the crimi-
    18  nal  laws of the state. "Law enforcement officer" shall include, but not
    19  be limited to, police officers, as defined in section 1.20 of the crimi-
    20  nal procedure law, and peace officers, as defined in section 2.10 of the
    21  criminal procedure law.
    22    (iv) "Political subdivision" means any county,  city,  town,  village,
    23  municipality,  special  district  or  school district or other political
    24  subdivision of the state or any instrumentality or agency of  the  poli-
    25  tical subdivision.
    26    (v) "State agency" means any of the principal departments in the Exec-
    27  utive  Branch  of  State  government,  and  any division, board, bureau,
    28  office, commission, or other instrumentality  within  or  created  by  a
    29  department,  and any independent State authority, commission, instrumen-
    30  tality, or agency, including any public institution of higher education.
    31    (vi) "Teacher" means any regular teacher, special  teacher,  including
    32  any school librarian or physical training teacher, principal, vice-prin-
    33  cipal, supervisor, supervisory principal, director, superintendent, city
    34  superintendent,  assistant  city superintendent, district superintendent
    35  and other member of the teaching or professional  staff  of  any  class,
    36  public  school, vocational school, truant reformatory school or parental
    37  school, and of any or all classes of schools within  the  state  of  New
    38  York,  including  schools on the Indian reservation, conducted under the
    39  order and superintendence of and wholly or partly at the expense of  the
    40  New York state education department or of a duly elected board of educa-
    41  tion,  board of school directors or board of trustees of the state or of
    42  any city or school district  thereof.    "Teacher,"  also  includes  any
    43  person  employed  in the state education department who at the time such
    44  person entered such employment, or within one year prior thereto, was  a
    45  teacher  within  the  foregoing  definition,  or who was engaged in such
    46  department in the performance  of  duties  pertaining  to  instructional
    47  services  prior  to  September first, nineteen hundred eighty-six or who
    48  provides instructional services at the New York  state  school  for  the
    49  blind or the New York state school for the deaf.
    50    § 3. This act shall take effect immediately.
Go to top