Relates to granting local law enforcement agencies the authority to enforce federal immigration law under the 287(g) program in order to enhance the enforcement of federal immigration laws regarding individuals engaged in criminal activity.
STATE OF NEW YORK
________________________________________________________________________
5467
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the executive law, in relation to granting federal immi-
gration enforcement powers to local law enforcement agencies in New
York state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York state immigration enforcement act of 2025".
3 § 2. Legislative findings. The legislature finds that:
4 1. Criminal activity committed by illegal immigrants, especially those
5 with a history of violent or gang-related offenses, poses a significant
6 threat to public safety in New York state communities.
7 2. Local law enforcement agencies have an essential role in ensuring
8 the safety of all residents, and their capacity to cooperate with feder-
9 al authorities to enforce immigration law strengthens public safety.
10 3. Federal authorities, specifically United States Immigration and
11 Customs Enforcement ("ICE"), offer an opportunity to local law enforce-
12 ment to assist in the identification, arrest, and deportation of crimi-
13 nal illegal immigrants.
14 4. Nassau County has recently entered into an agreement with ICE under
15 the 287(g) program, and this approach has proven effective in addressing
16 the safety concerns associated with illegal immigration and crime.
17 5. It is in the best interest of New York state to extend this model
18 statewide to enhance local law enforcement's ability to combat criminal
19 activity by individuals residing unlawfully in the United States.
20 § 3. The executive law is amended by adding a new section 837-y to
21 read as follows:
22 § 837-y. Cooperation with federal immigration enforcement agency. 1.
23 For the purposes of this section, the following terms shall have the
24 following meanings:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09318-01-5
A. 5467 2
1 (a) "287(g) program" shall mean a federal program that allows the
2 United States immigration and customs enforcement agency to deputize
3 local law enforcement officers to enforce federal immigration laws
4 pursuant to section 287(g) of the federal immigration and nationality
5 act.
6 (b) "Criminal migrant" shall mean any individual who is unlawfully
7 residing in the United States and is suspected of engaging in criminal
8 activity, as defined by the penal law.
9 (c) "Local law enforcement agency" shall mean any police department or
10 sheriff's office operating within the state of New York.
11 2. (a) The division, in cooperation with the United States immigration
12 and customs enforcement agency, shall create a process for local law
13 enforcement agencies to participate in the 287(g) program.
14 (b) Any local law enforcement agency that elects to participate in the
15 program may deputize up to but no more than ten officers or detectives
16 to enforce federal immigration law pursuant to the 287(g) program. Such
17 officers shall be trained and authorized by the United States immi-
18 gration and customs enforcement agency to arrest and detain criminal
19 migrants pursuant to federal immigration law.
20 (c) Such officers shall be authorized to:
21 (i) identify, arrest, and detain criminal migrants;
22 (ii) collaborate with the United States immigration and customs
23 enforcement agency to initiate deportation proceedings for any criminal
24 migrant who is arrested by a local law enforcement agency;
25 (iii) detain a criminal migrant for up to seventy-two hours; and
26 (iv) allow United States immigration and customs enforcement agency
27 agents to take custody of any criminal migrant who is arrested or
28 detained by a local law enforcement agency for further immigration proc-
29 essing.
30 (d) Participating law enforcement agencies shall:
31 (i) provide the United States immigration and customs enforcement
32 agency with a permanent presence at local detention facilities for the
33 purpose of transferring criminal migrants;
34 (ii) adhere to the training protocols and federal oversight require-
35 ments specified pursuant to the 287(g) program; and
36 (iii) ensure that individuals detained pursuant to the 287(g) program
37 are held in a secure and humane manner, in accordance with both federal
38 and state guidelines.
39 3. (a) The New York state legislature shall appropriate funding, as
40 appropriate, for local law enforcement agencies to implement the 287(g)
41 program pursuant to this section. Such funding may be used for, but
42 shall not be limited to, training, equipment, and additional personnel,
43 as needed.
44 (b) Each local law enforcement agency that participates in the 287(g)
45 program shall be entitled to receive federal funds from the United
46 States immigration and customs enforcement agency for the assistance of
47 such agency in enforcing federal immigration laws.
48 4. Local law enforcement agencies may apply to participate in the
49 287(g) program by submitting a formal application to the division in
50 such form and manner as determined by the commissioner. Such application
51 shall outline such local law enforcement agency's commitment to enforc-
52 ing both state and federal immigration laws and their readiness to
53 comply with the training and operational requirements set by the United
54 States immigration and customs enforcement agency.
A. 5467 3
1 5. (a) The division shall conduct regular reviews and audits of the
2 287(g) program to ensure that participating law enforcement agencies are
3 complying with all state and federal laws and regulations.
4 (b) The legislature shall establish an oversight committee to monitor
5 the implementation and effectiveness of the program statewide. Such
6 oversight committee shall be comprised of members from the assembly and
7 senate and representatives from civil rights organizations. Such over-
8 sight committee shall prepare and submit to the legislature an annual
9 report, which shall include but not be limited to:
10 (i) the program's impact on public safety;
11 (ii) the legal rights of detainees; and
12 (iii) the overall effectiveness of immigration enforcement in the
13 state.
14 § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
15 sion, section or part of this act shall be adjudged by any court of
16 competent jurisdiction to be invalid, such judgment shall not affect,
17 impair, or invalidate the remainder thereof, but shall be confined in
18 its operation to the clause, sentence, paragraph, subdivision, section
19 or part thereof directly involved in the controversy in which such judg-
20 ment shall have been rendered. It is hereby declared to be the intent of
21 the legislature that this act would have been enacted even if such
22 invalid provisions had not been included herein.
23 § 5. This act shall take effect immediately.
