Prohibits public entities from contracting with airlines that transport individuals who have been detained by U.S. immigration and customs enforcement without being afforded due process rights; prohibits certain sales and use tax exemptions on fuel sold to an airline that transports individuals who have been detained by U.S. immigration and customs enforcement without being afforded due process rights.
STATE OF NEW YORK
________________________________________________________________________
7960
2025-2026 Regular Sessions
IN SENATE
May 15, 2025
___________
Introduced by Sen. FAHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Procurement and Contracts
AN ACT to amend the public authorities law and the tax law, in relation
to enacting the "state airport facilities enforcing accountability in
immigration removals (SAFE AIR) act"
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 "state airport facilities enforcing accountability in immigration
3 removals (SAFE AIR) act".
4 § 2. Legislative findings. The legislature finds that the due process
5 protections afforded by the United States Constitution must extend to
6 all individuals within the state of New York. Deportations and removals
7 executed without proper documentation or due process, including trans-
8 portation of individuals without judicial warrants, erode public trust,
9 infringe upon civil liberties, and place transportation providers at
10 legal and ethical risk. It is the policy of the state of New York to
11 ensure that state resources are not used to facilitate such actions.
12 This act is intended to exercise the state's proprietary authority over
13 the operation of its airports and the allocation of public funds, and
14 does not seek to regulate immigration or interfere with federal enforce-
15 ment authority.
16 § 3. The public authorities law is amended by adding a new section
17 2879-d to read as follows:
18 § 2879-d. Airline compliance with due process standards. 1. No state
19 agency, department, authority, public benefit corporation, or locality
20 shall enter into, renew, or extend any contract, grant, or cooperative
21 agreement with any commercial airline that transports individuals
22 detained by U.S. immigration and customs enforcement for the purpose of
23 deportation without:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11770-03-5
S. 7960 2
1 (a) presentation of a valid judicial warrant or order issued by a
2 federal judge or magistrate, not including administrative immigration
3 detainers issued by U.S. immigration and customs enforcement; and
4 (b) demonstration that such individuals have been afforded all appli-
5 cable rights to due process under federal and state law, including the
6 right to counsel and a hearing before an immigration judge.
7 2. Nothing in subdivision one of this section shall be construed to
8 prohibit or penalize any airline for complying with a valid court order
9 or lawful federal mandate and shall not create a duty to refuse lawful
10 federal requests.
11 3. The attorney general may bring an action to enforce the provisions
12 of this section, including to seek injunctive relief or civil penalties.
13 § 4. Paragraph 9 of subdivision (a) of section 1115 of the tax law, as
14 added by chapter 93 of the laws of 1965, is amended to read as follows:
15 (9) (i) Fuel sold to an [air line] airline for use in its airplanes;
16 provided, however that the exemption under this paragraph shall not
17 apply to fuel sold to any commercial airline that transports individuals
18 detained by U.S. immigration and customs enforcement for the purpose of
19 deportation without:
20 (A) presentation of a valid judicial warrant or order issued by a
21 federal judge or magistrate, not including administrative immigration
22 detainers issued by U.S. immigration and customs enforcement; and
23 (B) demonstration that such individuals have been afforded all appli-
24 cable rights to due process under federal and state law, including the
25 right to counsel and a hearing before an immigration judge.
26 (ii) Nothing in subparagraph (i) of this paragraph shall be construed
27 to prohibit or penalize any airline for complying with a valid court
28 order or lawful federal mandate and shall not create a duty to refuse
29 lawful federal requests.
30 § 5. If any clause, sentence, paragraph, subdivision, or section of
31 this act shall be adjudged by any court of competent jurisdiction to be
32 invalid, such judgment shall not affect, impair, or invalidate the
33 remainder thereof, but shall be confined in its operation to the clause,
34 sentence, paragraph, subdivision, or section thereof directly involved
35 in the controversy in which such judgment shall have been rendered. It
36 is hereby declared to be the intent of the legislature that this act
37 would have been enacted even if such invalid provisions had not been
38 included herein.
39 § 6. This act shall take effect on the ninetieth day after it shall
40 have become a law. Effective immediately, the addition, amendment and/or
41 repeal of any rule or regulation necessary for the implementation of
42 this act on its effective date are authorized to be made and completed
43 on or before such effective date.
