Provides that any requirement that undocumented immigrants who are seeking asylum in the United States be sheltered in a certain locality or localities shall only apply to those towns, cities, and counties that opt-in to such requirement through the adoption of a local law or ordinance; defines the term "sheltered" as including, but not limited to, being temporarily or permanently placed into housing, dwelling, or living quarters by a state or local governmental entity.
STATE OF NEW YORK
________________________________________________________________________
5653
2025-2026 Regular Sessions
IN ASSEMBLY
February 19, 2025
___________
Introduced by M. of A. BARCLAY, REILLY, BRABENEC, MORINELLO, WALSH,
PALMESANO, PIROZZOLO, HAWLEY, JENSEN, McDONOUGH, FRIEND, E. BROWN,
SMITH, GANDOLFO, K. BROWN, ANGELINO, SLATER, MIKULIN, SIMPSON, TAGUE,
GRAY, GALLAHAN, DeSTEFANO, DURSO, BEEPHAN, BENDETT, MILLER, MANKTELOW,
MAHER -- read once and referred to the Committee on Local Governments
AN ACT to amend the executive law, in relation to local opt-in of
migrant housing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 29-l
2 to read as follows:
3 § 29-l. Local opt-in of migrant housing; municipal control and
4 preemption. 1. Notwithstanding any contrary provision of law, rule,
5 regulation or executive order, any requirement that undocumented immi-
6 grants who are seeking asylum in the United States be sheltered in a
7 certain locality or localities shall only apply to those towns, cities,
8 and counties that opt-in to such requirement through the adoption of a
9 local law or ordinance. Moreover, no locality shall seek or attempt to
10 shelter undocumented immigrants who are seeking asylum in the United
11 States in a town, city, or county that has not expressly agreed to do so
12 through the adoption of local law or ordinance.
13 2. For the purpose of this section, the term "sheltered" shall
14 include, but not be limited to, being temporarily or permanently placed
15 into housing, dwelling, or living quarters by a state or local govern-
16 mental entity.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05148-01-5