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S08539 Summary:

BILL NOS08539
 
SAME ASNo Same As
 
SPONSORRAMOS
 
COSPNSR
 
MLTSPNSR
 
Add §170-k, Exec L
 
Establishes the New York state ICE-free zones act to prohibit the use of state or municipal property for civil immigration enforcement activity; requires signage to be posted at the entrance to state or municipal property or other areas that are accessible to the public stating that civil immigration enforcement activity is not allowed; provides an exception that civil immigration activity may be conducted on such property pursuant to a valid judicial warrant specifying that such activity may be conducted on such property for a specified purpose.
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S08539 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8539
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    October 22, 2025
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the executive law, in relation to the use  of  state  or
          municipal  property  for  civil  immigration  enforcement activity and
          providing protections for persons on such property

          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 ICE-free zones act".
     3    § 2. The executive law is amended by adding a new subdivision 170-k to
     4  read as follows:
     5    § 170-k. Civil immigration enforcement activity on state or  municipal
     6  property. 1. Definitions. As used in this section:
     7    (a)  "State or municipal property" means any real property or facility
     8  owned, leased, controlled, or managed by  the  state  or  any  municipal
     9  subdivision  thereof  or  by  any department, bureau, board, commission,
    10  authority or any other agency or instrumentality of  the  state  or  any
    11  municipal subdivision thereof.
    12    (b)  "Civil immigration enforcement activity" means detention, arrest,
    13  questioning, processing, transportation, or  surveillance  conducted  by
    14  United States Immigration and Customs Enforcement or any federal officer
    15  or  employee  who  is  responsible  for enforcement of the federal Immi-
    16  gration  and  Nationality  Act,  in  connection   with   civil   removal
    17  proceedings;  provided,  however,  that  "civil  immigration enforcement
    18  activity" does not include any such action conducted with a valid  judi-
    19  cial warrant.
    20    (c)  "Immigration  enforcement  officer"  means any federal officer or
    21  employee who is responsible for enforcement of the  federal  Immigration
    22  and  Nationality  Act, in connection with civil removal proceedings, and
    23  shall include any employee of the United States Immigration and  Customs
    24  Enforcement.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13944-01-5

        S. 8539                             2
 
     1    (d)  "Judicial  warrant"  means a warrant or order that is signed by a
     2  United States district judge or federal magistrate judge and that demon-
     3  strates probable cause to believe an individual has committed a crime or
     4  offense.
     5    (e)   "Designated   signage"  means  signage,  posted  in  conspicuous
     6  locations, stating that property may not be used for  civil  immigration
     7  enforcement activity.
     8    (f) "Responsible official" means the person or office, or the designee
     9  of  such person or office, with operational responsibility for the state
    10  or municipal property. "Responsible official" shall include, but not  be
    11  limited to, facility managers and superintendents of such property.
    12    2.  No  state  or  municipal  property  may be used, occupied, leased,
    13  loaned, or otherwise made available, whether temporarily or permanently,
    14  for civil immigration enforcement activity unless such civil immigration
    15  enforcement activity is conducted pursuant to a valid  judicial  warrant
    16  which  specifies  that  such  activity  may be conducted at a particular
    17  property for a specified civil immigration enforcement activity.
    18    3. (a) Within thirty days after the effective date  of  this  section,
    19  the  responsible  official  of  each  state  or municipal property shall
    20  provide designated signage at entrances of such property or near staging
    21  areas, parking lots, or other areas of such property that are accessible
    22  to the public or federal personnel stating that such property is public-
    23  ly owned and may not be used for civil immigration enforcement  activity
    24  by immigration enforcement officers without a valid judicial warrant.
    25    (b)  In  addition to the signage required pursuant to paragraph (a) of
    26  this subdivision, the  responsible  official  may  also  place  physical
    27  barriers  as appropriate to restrict access to parts of state or munici-
    28  pal property that are not intended for public access; provided, however,
    29  that such physical barriers shall not unreasonably  interfere  with  the
    30  normal public use of such state or municipal property.
    31    4.  No  person present on state or municipal property shall be subject
    32  to questioning, detention, or arrest by an immigration enforcement offi-
    33  cer unless the immigration enforcement officer presents a valid judicial
    34  warrant applicable to such person or location.
    35    5. Any responsible official who becomes aware of an attempted or actu-
    36  al violation of subdivision four of this section shall notify the attor-
    37  ney general who may investigate and bring an action in the state supreme
    38  court and may recover any reasonable  costs  incurred  as  a  result  of
    39  investigation.
    40    6.  This section is intended to regulate the use of state or municipal
    41  property and shall not be construed to regulate the conduct  of  federal
    42  agencies in federal territories.
    43    §  3.  This  act shall take effect on the ninetieth day after it shall
    44  have become a law.
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