STATE OF NEW YORK
________________________________________________________________________
9366
2025-2026 Regular Sessions
IN ASSEMBLY
December 19, 2025
___________
Introduced by M. of A. ROMERO -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law and the executive law, in relation to
procedures and restrictions regarding the discovery and disclosure of
immigration status by the state and city universities of New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of the education law is amended by adding six new
2 subdivisions 25, 26, 27, 28, 29, and 30 to read as follows:
3 25. "Immigration authorities" means any officer, employee, or govern-
4 ment employee who is responsible for enforcement of the federal Immi-
5 gration and Nationality Act, including any officer or agent of United
6 States Immigration and Customs Enforcement or United States Customs and
7 Border Protection.
8 26. "Immigration enforcement" means the enforcement of any civil
9 provision of the federal Immigration and Nationality Act or any
10 provision of law that penalizes a person's presence in, entry into, or
11 reentry into the United States.
12 27. "Immigration law" means any civil provision of the federal Immi-
13 gration and Nationality Act and any provision of law that penalizes a
14 person's presence in, entry into, or reentry into the United States.
15 28. "Immigration detainer" means any document, form, or other communi-
16 cation requesting or directing that a New York State University police
17 officer or other government entity detain or maintain custody of an
18 individual, for any period of time, for pickup by or transfer to immi-
19 gration authorities.
20 29. "Civil immigration warrant" means any warrant for a violation of
21 civil immigration law that is not issued by a judge appointed pursuant
22 to Article III of the United States constitution or a federal magistrate
23 judge appointed pursuant to 28 USC § 631, and includes any warrant
24 entered into the national crime information center database.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13377-01-5
A. 9366 2
1 30. "University employee" means any individual employed for hire by
2 the State University of New York who performs work on a full-time or
3 part-time basis, any individual employed by the State of New York who
4 performs work on or involving any State University of New York campus,
5 or any individual performing work for the State University of New York
6 under a contract.
7 § 2. The education law is amended by adding a new article 128 to read
8 as follows:
9 ARTICLE 128
10 PROCEDURES FOR NEW YORK STATE UNIVERSITY POLICE OFFICERS AND EMPLOYEES
11 PERTAINING TO IMMIGRATION ENFORCEMENT
12 Section 6360. Duties of New York state university police officers and
13 employees; immigration.
14 6360-a. Direction by immigration authorities.
15 6360-b. Immigration detainer; questioning, investigation or
16 interrogation prohibited.
17 6360-c. Inquiry into and collection of information about citi-
18 zenship or immigration status prohibited.
19 6360-d. Notification of immigration authorities prohibited.
20 6360-e. Transfer of custody to immigration authorities.
21 6360-f. Entry of immigration status into a database.
22 6360-g. Immigration authorities as interpreters prohibited.
23 6360-h. Written consent for interview.
24 6360-i. Receipt of information regarding citizenship.
25 6360-j. Compliance with court orders and judicial warrants.
26 6360-k. Application of laws.
27 § 6360. Duties of New York state university police officers and
28 employees; immigration. The duties and authority of New York state
29 university police officers and employees shall not include authority to
30 engage in immigration enforcement. New York state university police
31 officers and employees shall not use university resources or public
32 resources for immigration enforcement.
33 § 6360-a. Direction by immigration authorities. No New York state
34 university police officer or employee shall be subject to the direction
35 or supervision of immigration authorities. No New York state university
36 police officer or employee shall participate in or be subject to any
37 agreement for the purpose of immigration enforcement.
38 § 6360-b. Immigration detainer; questioning, investigation or interro-
39 gation prohibited. No New York state university police officer or
40 employee shall question, investigate, or interrogate an individual sole-
41 ly on the basis of an immigration detainer, a civil immigration warrant,
42 or an actual or suspected violation of immigration law.
43 § 6360-c. Inquiry into and collection of information about citizenship
44 or immigration status prohibited. 1. No New York state university police
45 officer or employee shall inquire about a person's citizenship, immi-
46 gration status, nationality, or country of origin, unless required by
47 law or necessary to administer a public program or benefit sought by
48 that person.
49 2. No New York state university police officer or employee shall
50 collect information regarding citizenship, immigration status, national-
51 ity, or country of origin, unless required by law or necessary to admin-
52 ister a public program or benefit sought by that person.
53 § 6360-d. Notification of immigration authorities prohibited. No New
54 York state university police officer or employee shall notify or other-
55 wise communicate with immigration authorities regarding:
A. 9366 3
1 1. the date, time, or location that an individual will be released
2 from custody;
3 2. the time, date, or location of an individual's court appearance; or
4 3. any other information available to officers or employees through or
5 as a result of such employment as a New York state university police
6 officer or employee.
7 § 6360-e. Transfer of custody to immigration authorities. No New York
8 state university police officer or employee shall transfer or facilitate
9 the transfer of individuals in their custody to the custody of immi-
10 gration authorities absent a valid court order or judicial warrant
11 issued by an independent judge appointed pursuant to Article III of the
12 United States constitution or federal magistrate judge appointed pursu-
13 ant to 28 USC § 631 commanding the arrest of such individual.
14 § 6360-f. Entry of immigration status into a database. No New York
15 state university police officer or employee shall enter a person's immi-
16 gration status into any database maintained by any government entity
17 unless required or necessary to administer a public program or benefit
18 sought by such person.
19 § 6360-g. Immigration authorities as interpreters prohibited. No New
20 York state university police officer or employee shall use immigration
21 authorities as interpreters for law enforcement matters relating to
22 individuals being interviewed, interrogated, investigated, or taken into
23 custody.
24 § 6360-h. Written consent for interview. 1. In any instance in which
25 immigration authorities are permitted access to an individual in the
26 custody of a New York state university police officer or employee for
27 the purpose of being interviewed, the officer or employee shall provide
28 the individual with a written consent form that explains the purpose of
29 the interview, that the interview is voluntary, and that they may
30 decline to be interviewed or may choose to be interviewed with their
31 attorney present. The written consent form shall be provided in English,
32 Spanish, and the five other most widely spoken languages among students
33 attending the state university of New York.
34 2. After providing an individual in custody with a written consent
35 form pursuant to subdivision one of this section, an officer or employee
36 shall keep a written record of whether the individual declined an inter-
37 view, consented to an interview, or asked for an attorney to be present
38 at the interview, and whether an interview occurred. The office or agen-
39 cy employing such officer or employee shall maintain all such written
40 records and shall compile an annual summary identifying the number of
41 requests for interviews received and whether each individual declined
42 the interview, consented to the interview, or asked for an attorney to
43 be present at the interview, and how many interviews occurred. Such
44 summary shall not include the personally identifiable information of any
45 individual in custody, and shall be a public record.
46 § 6360-i. Receipt of information regarding citizenship. The provisions
47 of this article shall not prohibit New York state university police
48 officers or employees from sending or receiving information regarding an
49 individual's citizenship or immigration status to or from any local,
50 state, or federal agency.
51 § 6360-j. Compliance with court orders and judicial warrants. The
52 provisions of this article shall not prohibit officers or employees from
53 complying with valid court orders or judicial warrants issued by an
54 independent judge appointed pursuant to Article III of the United States
55 constitution or federal magistrate judge appointed pursuant to 28 USC §
56 631.
A. 9366 4
1 § 6360-k. Application of laws. The provisions of this article shall
2 apply notwithstanding any other provisions of state or local law and
3 shall not be construed to in any way expand the authority of state
4 employees to participate in immigration enforcement.
5 § 3. The education law is amended by adding a new article 128-A to
6 read as follows:
7 ARTICLE 128-A
8 RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY UNIVERSITY EMPLOYEES
9 Section 6365. Restrictions on immigration enforcement by university
10 employees.
11 § 6365. Restrictions on immigration enforcement by university employ-
12 ees. 1. No university employee shall use university resources, includ-
13 ing but not limited to time spent while on duty or any state university
14 property, for immigration enforcement purposes.
15 2. No university employee shall disclose to immigration authorities an
16 individual's personally identifiable information, including, but not
17 limited to, a person's name, social security number, physical
18 description, home address, telephone number, financial information,
19 medical information, place of employment or education.
20 3. No university employee shall inquire about or collect evidence
21 regarding a person's citizenship, immigration status, nationality, or
22 country of origin, unless required by law or necessary to administer a
23 university program or benefit sought by that person.
24 4. No university employee shall question, investigate, or interrogate
25 an individual solely on the basis of an immigration detainer, a civil
26 immigration warrant, or an actual or suspected violation of immigration
27 law.
28 5. No university employee shall permit non-local law enforcement agen-
29 cies to access non-public areas of property or facilities owned by or
30 under the control of the state unless presented with a judicial warrant
31 signed by a judge or independent magistrate authorizing a search or
32 seeking the arrest of an individual present at the time the judicial
33 warrant is presented.
34 6. No university employee shall enter a person's immigration status
35 into any database maintained by any state entity unless required or
36 necessary to administer a public program or benefit sought by that
37 person.
38 7. No university employee shall use immigration authorities as inter-
39 preters for law enforcement matters relating to individuals such enti-
40 ties or employees interact with as part of their employment duties.
41 8. All requests for assistance made by immigration authorities to
42 university employees acting in the course of their duties and all other
43 communications between university employees and immigration authorities
44 shall be recorded. Each university campus shall issue an annual report
45 listing the number of such requests or communications and stating the
46 content and outcome of each request or communication, which shall be
47 promptly delivered to the office of the attorney general and which shall
48 be a public record.
49 9. This section shall not prohibit university employees from sending
50 or receiving information regarding an individual's citizenship or immi-
51 gration status to or from any local, state, or federal agency.
52 10. The provisions of this article shall not prohibit university
53 employees from complying with valid court orders or judicial warrants
54 issued by an independent judge appointed pursuant to Article III of the
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1 United States constitution or federal magistrate judge appointed pursu-
2 ant to 28 USC § 631.
3 11. The provisions of this article shall apply notwithstanding any
4 other provisions of state or local law and shall not be construed to in
5 any way expand the authority of state employees to participate in immi-
6 gration enforcement.
7 § 4. The education law is amended by adding a new article 125-C to
8 read as follows:
9 ARTICLE 125-C
10 PROCEDURES FOR CITY UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY
11 OFFICERS AND EMPLOYEES PERTAINING TO IMMIGRATION ENFORCEMENT
12 Section 6240. Duties of city university of New York department of
13 public safety officers and employees; immigration.
14 6240-a. Direction by immigration authorities.
15 6240-b. Immigration detainer; questioning, investigation or
16 interrogation prohibited.
17 6240-c. Inquiry into and collection of information about citi-
18 zenship or immigration status prohibited.
19 6240-d. Notification of immigration authorities prohibited.
20 6240-e. Transfer of custody to immigration authorities.
21 6240-f. Entry of immigration status into a database.
22 6240-g. Immigration authorities as interpreters prohibited.
23 6240-h. Written consent for interview.
24 6240-i. Receipt of information regarding citizenship.
25 6240-j. Compliance with court orders and judicial warrants.
26 6240-k. Application of laws.
27 § 6240. Duties of city university of New York department of public
28 safety officers and employees; immigration. The duties and authority of
29 city university of New York department of public safety officers and
30 employees shall not include authority to engage in immigration enforce-
31 ment. City university of New York department of public safety officers
32 and employees shall not use university resources or public resources for
33 immigration enforcement.
34 § 6240-a. Direction by immigration authorities. No city university of
35 New York department of public safety officers or employees shall be
36 subject to the direction or supervision of immigration authorities. No
37 city university of New York department of public safety officer or
38 employee shall participate in or be subject to any agreement for the
39 purpose of immigration enforcement.
40 § 6240-b. Immigration detainer; questioning, investigation or interro-
41 gation prohibited. No city university of New York department of public
42 safety officer or employee shall question, investigate, or interrogate
43 an individual solely on the basis of an immigration detainer, a civil
44 immigration warrant, or an actual or suspected violation of immigration
45 law.
46 § 6240-c. Inquiry into and collection of information about citizenship
47 or immigration status prohibited. 1. No city university of New York
48 department of public safety officer or employee shall inquire about a
49 person's citizenship, immigration status, nationality, or country of
50 origin, unless required by law or necessary to administer a public
51 program or benefit sought by that person.
52 2. No city university of New York department of public safety officer
53 or employee shall collect information regarding citizenship, immigration
54 status, nationality, or country of origin, unless required by law or
A. 9366 6
1 necessary to administer a public program or benefit sought by that
2 person.
3 § 6240-d. Notification of immigration authorities prohibited. No city
4 university of New York department of public safety officer or employee
5 shall notify or otherwise communicate with immigration authorities
6 regarding:
7 1. the date, time, or location that an individual will be released
8 from custody;
9 2. the time, date, or location of an individual's court appearance; or
10 3. any other information available to officers or employees through or
11 as a result of such employment as a city university of New York depart-
12 ment of public safety officer or employee.
13 § 6240-e. Transfer of custody to immigration authorities. No city
14 university of New York department of public safety officer or employee
15 shall transfer or facilitate the transfer of individuals in their custo-
16 dy to the custody of immigration authorities absent a valid court order
17 or judicial warrant issued by an independent judge appointed pursuant to
18 Article III of the United States constitution or federal magistrate
19 judge appointed pursuant to 28 USC § 631 commanding the arrest of such
20 individual.
21 § 6240-f. Entry of immigration status into a database. No city univer-
22 sity of New York department of public safety officer or employee shall
23 enter a person's immigration status into any database maintained by any
24 government entity unless required or necessary to administer a public
25 program or benefit sought by such person.
26 § 6240-g. Immigration authorities as interpreters prohibited. No city
27 university of New York department of public safety officer or employee
28 shall use immigration authorities as interpreters for law enforcement
29 matters relating to individuals being interviewed, interrogated, inves-
30 tigated, or taken into custody.
31 § 6240-h. Written consent for interview. 1. In any instance in which
32 immigration authorities are permitted access to an individual in the
33 custody of a city university of New York department of public safety
34 officer or employee for the purpose of being interviewed, the officer or
35 employee shall provide the individual with a written consent form that
36 explains the purpose of the interview, that the interview is voluntary,
37 and that they may decline to be interviewed or may choose to be inter-
38 viewed with their attorney present. The written consent form shall be
39 provided in English, Spanish, and the five other most widely spoken
40 languages among students attending the city university of New York.
41 2. After providing an individual in custody with a written consent
42 form pursuant to subdivision one of this section, an officer or employee
43 shall keep a written record of whether the individual declined an inter-
44 view, consented to an interview, or asked for an attorney to be present
45 at the interview, and whether an interview occurred. The office or agen-
46 cy employing such officer or employee shall maintain all such written
47 records and shall compile an annual summary identifying the number of
48 requests for interviews received and whether each individual declined
49 the interview, consented to the interview, or asked for an attorney to
50 be present at the interview, and how many interviews occurred. Such
51 summary shall not include the personally identifiable information of any
52 individual in custody, and shall be a public record.
53 § 6240-i. Receipt of information regarding citizenship. The provisions
54 of this article shall not prohibit city university of New York depart-
55 ment of public safety officers or employees from sending or receiving
A. 9366 7
1 information regarding an individual's citizenship or immigration status
2 to or from any local, state, or federal agency.
3 § 6240-j. Compliance with court orders and judicial warrants. The
4 provisions of this article shall not prohibit officers or employees from
5 complying with valid court orders or judicial warrants issued by an
6 independent judge appointed pursuant to Article III of the United States
7 constitution or federal magistrate judge appointed pursuant to 28 USC §
8 631.
9 § 6240-k. Application of laws. The provisions of this article shall
10 apply notwithstanding any other provisions of state or local law and
11 shall not be construed to in any way expand the authority of state
12 employees to participate in immigration enforcement.
13 § 5. The education law is amended by adding a new article 125-D to
14 read as follows:
15 ARTICLE 125-D
16 RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY CITY UNIVERSITY OF NEW YORK
17 EMPLOYEES
18 Section 6242. Restrictions on immigration enforcement by city university
19 of New York employees.
20 § 6242. Restrictions on immigration enforcement by city university of
21 New York employees. 1. No city university employee shall use city
22 university resources, including but not limited to time spent while on
23 duty or any city university of New York property, for immigration
24 enforcement purposes.
25 2. No city university employee shall disclose to immigration authori-
26 ties an individual's personally identifiable information, including, but
27 not limited to, a person's name, social security number, physical
28 description, home address, telephone number, financial information,
29 medical information, place of employment or education.
30 3. No city university employee shall inquire about or collect evidence
31 regarding a person's citizenship, immigration status, nationality, or
32 country of origin, unless required by law or necessary to administer a
33 university program or benefit sought by that person.
34 4. No city university employee shall question, investigate, or inter-
35 rogate an individual solely on the basis of an immigration detainer, a
36 civil immigration warrant, or an actual or suspected violation of immi-
37 gration law.
38 5. No city university employee shall permit non-local law enforcement
39 agencies to access non-public areas of property or facilities owned by
40 or under the control of the state unless presented with a judicial
41 warrant signed by a judge or independent magistrate authorizing a search
42 or seeking the arrest of an individual present at the time the judicial
43 warrant is presented.
44 6. No city university employee shall enter a person's immigration
45 status into any database maintained by any state entity unless required
46 or necessary to administer a public program or benefit sought by that
47 person.
48 7. No city university employee shall use immigration authorities as
49 interpreters for law enforcement matters relating to individuals such
50 entities or employees interact with as part of their employment duties.
51 8. All requests for assistance made by immigration authorities to city
52 university employees acting in the course of their duties and all other
53 communications between city university employees and immigration author-
54 ities shall be recorded. Each city university campus shall issue an
A. 9366 8
1 annual report listing the number of such requests or communications and
2 stating the content and outcome of each request or communication, which
3 shall be promptly delivered to the office of the attorney general and
4 which shall be a public record.
5 9. This section shall not prohibit city university employees from
6 sending or receiving information regarding an individual's citizenship
7 or immigration status to or from any local, state, or federal agency.
8 10. The provisions of this article shall not prohibit city university
9 employees from complying with valid court orders or judicial warrants
10 issued by an independent judge appointed pursuant to Article III of the
11 United States constitution or federal magistrate judge appointed pursu-
12 ant to 28 USC § 631.
13 11. The provisions of this article shall apply notwithstanding any
14 other provisions of state or local law and shall not be construed to in
15 any way expand the authority of state employees to participate in immi-
16 gration enforcement.
17 § 6. The executive law is amended by adding a new section 63-e to read
18 as follows:
19 § 63-e. Immigration status reports and databases. 1. The office of the
20 attorney general shall review all reports provided to it pursuant to
21 articles one hundred twenty-five-C, one hundred twenty-five-D, one
22 hundred twenty-eight and one hundred twenty-eight-A of the education law
23 and prepare an annual summary of such reports, which shall also identify
24 any alleged omissions or discrepancies in the reported information and
25 any information that may indicate a violation of state law. Such summary
26 shall be a public record.
27 2. The office of the attorney general shall establish a system to
28 solicit and receive complaints from the public about improper use of
29 resources by state or local entities or employees for immigration
30 enforcement and improper sharing of information by state or local enti-
31 ties or employees with immigration authorities. The attorney general
32 shall investigate all such complaints to determine whether a violation
33 of state law occurred, and may bring civil actions against the state
34 university of New York, the city university of New York, their campuses,
35 or employees acting in their official capacity in the name of the people
36 of the state of New York to obtain appropriate equitable or declaratory
37 relief if the attorney general determines that a violation of state law
38 occurred.
39 3. For any databases operated by the state university of New York or
40 the city university of New York state and local law enforcement agen-
41 cies, including databases maintained for the agency by private vendors,
42 the attorney general shall, by the first of January following the effec-
43 tive date of this section, in consultation with appropriate stakehold-
44 ers, publish guidance, audit criteria, and training recommendations
45 aimed at ensuring that such databases are governed in a manner that
46 limits the availability of information contained therein, to the fullest
47 extent practicable and consistent with federal and state law, to anyone
48 or any entity for the purpose of immigration enforcement. All state and
49 local law enforcement agencies are encouraged to adopt necessary changes
50 to database governance policies consistent with such guidance.
51 § 7. This act shall take effect immediately.
