Amd §1.20, add Art 145 §§145.05 - 145.60, CP L; add §§256-b & 63-e, Art 15-AA §§319 & 319-a, Exec L; add Art
19-C §995, Gen Muni L; amd §§500-c & 621, rpld §§147 & 500-f, Cor L; amd §17, Pub Off L
Prohibits and regulates the discovery and disclosure of immigration status; prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status; regulates the disclosure of information relating to immigration status.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3506A
SPONSOR: Reyes TITLE OF BILL:
An act to amend the criminal procedure law, the executive law, the
general municipal law, the correction law and the public officers law,
in relation to prohibiting and regulating the discovery and disclosure
of immigration status; and to repeal certain provisions of the
correction law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
Ensures appropriate use of state and local resources by limiting the use
of state and local resources for immigration enforcement purposes.
SUMMARY OF PROVISIONS:
Section one of this bill amends Criminal Procedure Law Section 1.20 to
add five new definitional subdivisions, 46 - 50, to define the terms
"immigration authorities", "immigration enforcement", "immigration law",
"immigration detainer", and "civil immigration warrant."
Section two adds a new Article 145 to the Criminal Procedure Law. This
article defines the duties of police officers, peace officers, and
school resource officers with regard to immigration enforcement. It
prohibits officers from using public resources for immigration enforce-
ment except when required by law, prohibits investigations, interro-
gations, inquires, or collection of information about immigration law
violations or about immigration status, nationality, or country of
origin except when required by law, prohibits notifications of release
date or court dates, prohibits transfer of people to ICE custody,
prohibits entering a person's immigration status into a database unless
necessary for a public program or benefit, prohibits the use of Immi-
gration and Customs Enforcement (ICE) or Customs and Border Protection
(CBP) as interpreters, and requires written notice of rights to inmates
in the event that ICE/CBP are allowed access for interviews. It does not
prohibit officers from complying with valid court orders or federal
judicial warrants.
Section three adds a new Section 256-b to the Executive Law. This
section defines the duties of local probation departments with regard to
immigration enforcement. It prohibits probation officers from inquiring
about immigration status, nationality, or country of origin except when
required by law or necessary for a public program or benefit, prohibits
communication with immigration authorities about people who are or have
been under department supervision and prohibits disclosure of informa-
tion, prohibits collection of information about a person's citizenship,
immigration status, nationality, or country of origin unless required by
law or necessary for a public program or benefit, prohibits investi-
gations or interrogations about immigration law violations, prohibits
access to non-public areas of the probation agency property by nonlocal
law enforcement agencies without a judicial warrant, requires written
notice to inmates in the event that ICE/CBP are allowed access for
interviews, prohibits entering immigration status into a departmental
database unless necessary for a public program or benefit, prohibits
investigating a person's immigration status or history (including
providing such information in court-ordered reports), and prohibits the
use of ICE or CBP as interpreters. It does not prohibit local probation
agencies from complying with valid court orders or federal judicial
warrants.
Section four adds a new Article 15-AA to the Executive Law. This article
defines the duties of state employees with regard to immigration
enforcement. It prohibits state employees from using public resources
for immigration enforcement, restricts disclosure of an individual's
personally identifiable information such as name, social security
number, physical description, home address, or telephone number to immi-
gration authorities, prohibits investigations or interrogations about
immigration law violations, prohibits inquiries about immigration
status, nationality, or country of origin except when required by law or
necessary for a public program or benefit, prohibits access by nonlocal
law enforcement to nonpublic areas of state property without a judicial
warrant, prohibits entering immigration status into a state database
unless necessary for a public program or benefit, prohibits the use of
ICE or CBP as interpreters, and requires reporting on communications
with immigration authorities. It does not prohibit state employees from
complying with valid court orders or federal judicial warrants.
Section five adds a new article 19-c to the General Municipal Law. This
article defines the duties of county, town, city, and village employees
with regard to immigration enforcement. It mirrors the same prohibitions
that are established in Section 4 relating to state employees, with one
exception relating to the authority of municipal officials to comply
with certain orders issued by state court judges to produce an individ-
ual to court.
Section six adds a new subdivision 4-a to section 500-c of the
Correction Law to bar county correctional facilities from entering into
formal agreements or otherwise allowing their employees to be subject to
the direction of supervision of immigration authorities.
Section seven repeals section 147 of the Correction Law, which requires
correctional facilities to investigate immigrants and share that infor-
mation with immigration authorities.
Section eight repeals section 500-f of the Corrections Law, which
requires jails to collect and make public information such as a person's
place of birth, social relations, education, criminal history,
discharge, and employment details.
Section nine adds a new subdivision 3 to section 621 of the Correction
Law to require law enforcement officers and agencies furnishing informa-
tion to agencies of other jurisdictions to obtain a certification that
such information will not be used for immigration enforcement.
Section ten adds a new section 63-e to the Executive Law to require the
attorney general to create guidance on governing databases that limits
the availability of information for immigration enforcement to the full-
est extent possible and consistent with federal and state law and
further requires the attorney general to establish a system to solicit
and receive complaints from the public about the improper use of
resources by state or local entities or employees for immigration
enforcement or the improper sharing of information.
Section eleven adds language indemnifying public employees against crim-
inal or civil liability at the federal, state, or local level for
actions taken to comply with the bill.
Section twelve makes the bill effective immediately.
JUSTIFICATION:
The proper role of state and local government and law enforcement is to
administer public services and promote public safety under the laws of
New York State and its municipalities, not to enforce federal immi-
gration law. However, state and local resources are too often misdi-
rected to assist immigration authorities in performing duties that fall
outside the realm of state and local concern. This entanglement with
immigration enforcement undermines the core mission of state and local
law enforcement by creating mistrust in immigrant communities and caus-
ing immigrants to abstain from reporting crimes or cooperating with
investigations. Immigrant New Yorkers who are the victims of crimes and
are seeking the assistance of local authorities cannot avail themselves
of appropriate government services. This entanglement also encourages
racial profiling by providing incentives to make pretextual arrests to
transfer people to the custody of immigration authorities.
State and local governments have no obligation to participate in immi-
gration enforcement. As the New York Supreme Court, Appellate Division,
Second Department, affirmed in 2018, the New York Criminal Procedure Law
provides no authority for police officers and peace officers in New York
to make arrests for civil immigration violations absent a judicial
warrant. See The People, ex rel. Jordan Wells, on behalf of Susan Fran-
cis v. DeMarco, 168 A.D.3d 31 (2d Dept 2018). This legislation adds to
these existing restrictions on law enforcement officers' authority by
restricting information sharing with immigration authorities, prohibit-
ing formal agreements to enforce immigration law, and making clear that
public resources should not be used for immigration enforcement
purposes. The legislation also extends those limitations to other state
and local officials and employees.
Disentangling local law enforcement from immigration enforcement is
critical to protecting the rights of all New Yorkers, ensuring that
state and local officers can perform their core duties, promoting commu-
nity trust, and preventing disruption of workplaces, families and
support systems throughout the state. Doing so will help keep irreplace-
able workers in the workplace, maintain important sources of tax reven-
ue, and prevent unnecessary dependence on social services, aiding New
York taxpayers and the state economy and benefiting all residents of New
York State.
PRIOR LEGISLATIVE HISTORY:
2023-2024: A05686 - Referred to Ways & Means
2021-2022: A2328B - Amend and Recommit to Ways & Means
2020: A9586 - Referred to Codes
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediate
STATE OF NEW YORK
________________________________________________________________________
3506--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 28, 2025
___________
Introduced by M. of A. REYES, R. CARROLL, EPSTEIN, ROSENTHAL, WEPRIN,
SIMON, FORREST, CRUZ, ANDERSON, CLARK, DINOWITZ, MITAYNES, OTIS,
KELLES, GALLAGHER, GONZALEZ-ROJAS, SEAWRIGHT, HEVESI, JACOBSON, MAMDA-
NI, BURDICK, LAVINE, JACKSON, MEEKS, VANEL, WALKER, RAMOS, GLICK,
DAVILA, BRONSON, TAPIA, PAULIN, LUNSFORD, DE LOS SANTOS, CUNNINGHAM,
KIM, RIVERA, SHRESTHA, HYNDMAN, RAGA, LEVENBERG, SEPTIMO, ALVAREZ,
SHIMSKY, BENEDETTO, ZACCARO, GIBBS, BICHOTTE HERMELYN, LEE, CHANDLER-
WATERMAN, ROMERO, LASHER, HOOKS, VALDEZ, TAYLOR, BORES, TORRES,
SIMONE, BURROUGHS, STIRPE, SOLAGES, DAIS, LUPARDO, SCHIAVONI, WRIGHT,
O'PHARROW, McDONALD, P. CARROLL -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, the executive law, the
general municipal law, the correction law and the public officers law,
in relation to prohibiting and regulating the discovery and disclosure
of immigration status; and to repeal certain provisions of the
correction law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1.20 of the criminal procedure law is amended by
2 adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows:
3 46. "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 47. "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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05168-03-5
A. 3506--A 2
1 48. "Immigration law" means any civil provision of the federal Immi-
2 gration and Nationality Act and any provision of law that penalizes a
3 person's presence in, entry into, or reentry into the United States.
4 49. "Immigration detainer" means any document, form, or other communi-
5 cation requesting or directing that a police officer, peace officer, or
6 government entity detain or maintain custody of an individual, for any
7 period of time, for pickup by or transfer to immigration authorities.
8 50. "Civil immigration warrant" means any warrant for a violation of
9 civil immigration law that is not issued by a judge appointed pursuant
10 to Article III of the United States constitution or a federal magistrate
11 judge appointed pursuant to 28 USC § 631, and includes any warrant
12 entered into the national crime information center database.
13 § 2. The criminal procedure law is amended by adding a new article 145
14 to read as follows:
15 ARTICLE 145
16 PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
17 OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
18 Section 145.05 Duties of police officers, peace officers, and school
19 resource officers; immigration.
20 145.10 Direction by immigration authorities.
21 145.15 Immigration detainer; questioning, investigation or
22 interrogation prohibited.
23 145.20 Inquiry into and collection of information about citi-
24 zenship or immigration status prohibited.
25 145.25 Notification of immigration authorities prohibited.
26 145.30 Transfer of custody to immigration authorities.
27 145.35 Entry of immigration status into a database.
28 145.40 Immigration authorities as interpreters prohibited.
29 145.45 Written consent for interview.
30 145.50 Receipt of information regarding citizenship.
31 145.55 Compliance with court orders and judicial warrants.
32 145.60 Application of laws.
33 § 145.05 Duties of police officers, peace officers, and school resource
34 officers; immigration.
35 The duties and authority of police officers, peace officers, and
36 school resource officers shall not include authority to engage in immi-
37 gration enforcement. Police officers, peace officers, and school
38 resource officers shall not use public resources for immigration
39 enforcement.
40 § 145.10 Direction by immigration authorities.
41 No police officer, peace officer, or school resource officer shall be
42 subject to the direction or supervision of immigration authorities. No
43 police officer, peace officer, or school resource officer shall partic-
44 ipate in or be subject to any agreement for the purpose of immigration
45 enforcement.
46 § 145.15 Immigration detainer; questioning, investigation or interro-
47 gation prohibited.
48 No police officer, peace officer, or school resource officer shall
49 question, investigate, or interrogate an individual solely on the basis
50 of an immigration detainer, a civil immigration warrant, or an actual or
51 suspected violation of immigration law.
52 § 145.20 Inquiry into and collection of information about citizenship or
53 immigration status prohibited.
54 1. No police officer, peace officer, or school resource officer shall
55 inquire about a person's citizenship, immigration status, nationality,
A. 3506--A 3
1 or country of origin, unless required by law or necessary to administer
2 a public program or benefit sought by that person.
3 2. No police officer, peace officer, or school resource officer shall
4 collect information regarding citizenship, immigration status, national-
5 ity, or country of origin, unless required by law or necessary to admin-
6 ister a public program or benefit sought by that person.
7 § 145.25 Notification of immigration authorities prohibited.
8 No police officer, peace officer, or school resource officer shall
9 notify or otherwise communicate with immigration authorities regarding:
10 (i) the date, time, or location that an individual will be released from
11 custody; (ii) the time, date, or location of an individual's court
12 appearance; or (iii) any other information available to police officers,
13 peace officers, or school resource officers through or as a result of
14 such employment as a police officer, peace officer, or school resource
15 officer.
16 § 145.30 Transfer of custody to immigration authorities.
17 No police officer, peace officer, or school resource officer shall
18 transfer or facilitate the transfer of individuals in their custody to
19 the custody of immigration authorities absent a valid court order or
20 judicial warrant issued by an independent judge appointed pursuant to
21 Article III of the United States constitution or federal magistrate
22 judge appointed pursuant to 28 USC § 631 commanding the arrest of such
23 individual.
24 § 145.35 Entry of immigration status into a database.
25 No police officer, peace officer, or school resource officer shall
26 enter a person's immigration status into any database maintained by any
27 government entity unless required or necessary to administer a public
28 program or benefit sought by such person.
29 § 145.40 Immigration authorities as interpreters prohibited.
30 No police officer, peace officer, or school resource officer shall use
31 immigration authorities as interpreters for law enforcement matters
32 relating to individuals being interviewed, interrogated, investigated,
33 or taken into custody.
34 § 145.45 Written consent for interview.
35 1. In any instance in which immigration authorities are permitted
36 access to an individual in the custody of a police officer, peace offi-
37 cer, or school resource officer for the purpose of being interviewed,
38 the officer shall provide the individual with a written consent form
39 that explains the purpose of the interview, that the interview is volun-
40 tary, and that they may decline to be interviewed or may choose to be
41 interviewed with their attorney present. The written consent form shall
42 be provided in English, Spanish, and the five most widely spoken
43 languages in the county where the officer's agency or department is
44 located.
45 2. After providing an individual in custody with a written consent
46 form pursuant to subdivision one of this section, an officer shall keep
47 a written record of whether the individual declined an interview,
48 consented to an interview, or asked for an attorney to be present at the
49 interview, and whether an interview occurred. The office or agency
50 employing such officer shall maintain all such written records and shall
51 compile an annual summary identifying the number of requests for inter-
52 views received and whether each individual declined the interview,
53 consented to the interview, or asked for an attorney to be present at
54 the interview, and how many interviews occurred. Such summary shall not
55 include the personally identifiable information of any individual in
56 custody, and shall be a public record.
A. 3506--A 4
1 § 145.50 Receipt of information regarding citizenship.
2 The provisions of this article shall not prohibit police officers,
3 peace officers, or school resource officers from sending or receiving
4 information regarding an individual's citizenship or immigration status
5 to or from any local, state, or federal agency.
6 § 145.55 Compliance with court orders and judicial warrants.
7 The provisions of this article shall not prohibit officers from
8 complying with valid court orders or judicial warrants issued by an
9 independent judge appointed pursuant to Article III of the United States
10 constitution or federal magistrate judge appointed pursuant to 28 USC §
11 631.
12 § 145.60 Application of laws.
13 The provisions of this article shall apply notwithstanding any other
14 provisions of state or local law and shall not be construed to in any
15 way expand the authority of state and local law enforcement officers to
16 participate in immigration enforcement.
17 § 3. The executive law is amended by adding a new section 256-b to
18 read as follows:
19 § 256-b. Duties of local probation departments regarding immigration
20 enforcement. 1. For the purposes of this section, the terms "immi-
21 gration authorities", "immigration enforcement", "immigration law",
22 "immigration detainer" and "civil immigration warrant" shall have the
23 same meaning as defined in section 1.20 of the criminal procedure law.
24 2. No probation agency or department, nor any employee thereof, shall
25 inquire about a person's citizenship, immigration status, nationality,
26 or country of origin, unless required by law or necessary to administer
27 a public program or benefit sought by such person.
28 3. No probation agency or department, nor any employee thereof, shall
29 communicate with immigration authorities regarding a person presently or
30 formerly under the supervision of such agency or department or disclose
31 to immigration authorities information gained in the course of employ-
32 ment or available as a result of employment with such agency or depart-
33 ment.
34 4. No probation agency or department, nor any employee thereof, shall
35 collect information about a person's citizenship, immigration status,
36 nationality, or country of origin, unless required by law or necessary
37 to administer a public program or benefit sought by such person.
38 5. No probation agency or department, nor any employee thereof, shall
39 question, investigate, or interrogate an individual solely on the basis
40 of an immigration detainer, a civil immigration warrant, or an actual or
41 suspected violation of immigration law.
42 6. No probation agency or department, nor any employee thereof, shall
43 permit non-local law enforcement agencies to access non-public areas of
44 property or facilities under the control of such agency or department
45 unless presented with a judicial warrant signed by a judge or independ-
46 ent magistrate authorizing a search or seeking the arrest of an individ-
47 ual present at the time the judicial warrant is presented.
48 7. In any instance in which immigration authorities are permitted
49 access to an individual under the supervision of a probation agency or
50 department for the purpose of being interviewed, the probation agency or
51 department shall provide the individual with a written consent form that
52 explains the purpose of the interview, that the interview is voluntary,
53 and that they may decline to be interviewed or may choose to be inter-
54 viewed with their attorney present. The written consent form shall be
55 provided in English, Spanish, and the five most widely spoken languages
56 in the county where the officer's agency or department is located.
A. 3506--A 5
1 8. No probation agency or department, nor any employee thereof, shall
2 enter a person's immigration status into any database maintained by any
3 government entity unless required or necessary to administer a public
4 program or benefit sought by such person.
5 9. No probation agency or department, nor any employee thereof, shall
6 investigate a person's immigration status or immigration history.
7 10. No probation agency or department, nor any employee thereof, shall
8 include a person's immigration status or immigration history in court-
9 ordered reports.
10 11. No probation agency or department, nor any employee thereof, shall
11 use immigration authorities as interpreters for law enforcement matters
12 relating to individuals under the supervision of such agency or depart-
13 ment.
14 12. The provisions of this section shall not prohibit employees of
15 probation agencies or departments from sending or receiving information
16 regarding an individual's citizenship or immigration status to or from
17 any local, state, or federal agency.
18 13. The provisions of this section shall not prohibit probation
19 departments or their employees from complying with valid court orders or
20 judicial warrants issued by an independent judge appointed pursuant to
21 Article III of the United States constitution or federal magistrate
22 judge appointed pursuant to 28 USC § 631.
23 14. The provisions of this section shall apply notwithstanding any
24 other provisions of state or local law and shall not be construed to in
25 any way expand the authority of state and local law enforcement officers
26 to participate in immigration enforcement.
27 § 4. The executive law is amended by adding a new article 15-AA to
28 read as follows:
29 ARTICLE 15-AA
30 RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
31 Section 319. Definitions.
32 319-a. Restrictions on immigration enforcement by state employ-
33 ees.
34 § 319. Definitions. As used in this article, the following terms shall
35 have the following meanings:
36 1. "State entity" means: any agency under the executive authority of
37 the governor; any agency for which the governor appoints the commission-
38 er or highest ranking employee; any public benefit corporation, public
39 authority, board, or commission for which the governor appoints the
40 chief executive or a majority of the board members; any division,
41 department, or office regulated under this chapter; the department of
42 education and any public school district or charter school, division,
43 office, or institution under the supervision of the department of educa-
44 tion; all offices defined in article one of the public officers law; the
45 department of civil service or any of its civil divisions as defined in
46 article one of the civil service law; and any contractor while perform-
47 ing services on behalf of the state.
48 2. "State employee" means any individual employed by: any agency under
49 the executive authority of the governor; any agency for which the gover-
50 nor appoints the commissioner or highest ranking employee; any public
51 benefit corporation, public authority, board, or commission for which
52 the governor appoints the chief executive or a majority of the board
53 members; any division, department, or office regulated under this chap-
54 ter; the department of education and any public school district or char-
55 ter school, division, office, or institution under the supervision of
56 the department of education; all offices defined in article one of the
A. 3506--A 6
1 public officers law; the department of civil service or any of its civil
2 divisions as defined in article one of the civil service law; or any
3 contractor while performing services on behalf of the state.
4 3. For the purposes of this section, the terms "immigration authori-
5 ties", "immigration enforcement", "immigration law", "immigration
6 detainer" and "civil immigration warrant" shall have the same meaning as
7 defined in section 1.20 of the criminal procedure law.
8 § 319-a. Restrictions on immigration enforcement by state employees.
9 1. No state employee shall use state resources, including but not limit-
10 ed to time spent while on duty or any state property, for immigration
11 enforcement purposes.
12 2. No state entity or state employee shall disclose to immigration
13 authorities an individual's personally identifiable information, includ-
14 ing, but not limited to, a person's name, social security number, phys-
15 ical description, home address, telephone number, financial information,
16 medical information, place of employment or education.
17 3. No state entity or state employee shall inquire about a person's
18 citizenship, immigration status, nationality, or country of origin,
19 unless required by law or necessary to administer a public program or
20 benefit sought by that person.
21 4. No state entity or state employee shall collect information about a
22 person's citizenship, immigration status, nationality, or country of
23 origin, unless required by law or necessary to administer a public
24 program or benefit sought by such person.
25 5. No state entity or state employee shall question, investigate, or
26 interrogate an individual solely on the basis of an immigration detain-
27 er, a civil immigration warrant, or an actual or suspected violation of
28 immigration law.
29 6. No state entity or state employee shall permit non-local law
30 enforcement agencies to access non-public areas of property or facili-
31 ties owned by or under the control of the state unless presented with a
32 judicial warrant signed by a judge or independent magistrate authorizing
33 a search or seeking the arrest of an individual present at the time the
34 judicial warrant is presented.
35 7. No state entity or state employee shall enter a person's immi-
36 gration status into any database maintained by any state entity unless
37 required or necessary to administer a public program or benefit sought
38 by that person.
39 8. No state entity or state employee shall use immigration authorities
40 as interpreters for law enforcement matters relating to individuals such
41 entities or employees interact with as part of their employment duties.
42 9. All requests for assistance made by immigration authorities to
43 state entities or state employees acting in the course of their duties
44 and all other communications between state employees and immigration
45 authorities shall be recorded. Each state entity whose employees are
46 subject to this section shall issue an annual report listing the number
47 of such requests or communications and stating the content and outcome
48 of each request or communication, which shall be promptly delivered to
49 the office of the attorney general and which shall be a public record.
50 10. This section shall not prohibit state employees from sending or
51 receiving information regarding an individual's citizenship or immi-
52 gration status to or from any local, state, or federal agency.
53 11. The provisions of this article shall not prohibit state employees
54 from complying with valid court orders or judicial warrants issued by an
55 independent judge appointed pursuant to Article III of the United States
A. 3506--A 7
1 constitution or federal magistrate judge appointed pursuant to 28 USC §
2 631.
3 12. 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 § 5. The general municipal law is amended by adding a new article 19-C
8 to read as follows:
9 ARTICLE 19-C
10 DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
11 TO IMMIGRATION ENFORCEMENT
12 Section 995. Restriction on use of local resources for immigration
13 enforcement.
14 § 995. Restriction on use of local resources for immigration enforce-
15 ment. (a) For the purposes of this section, the terms "immigration
16 authorities", "immigration enforcement", "immigration law", "immigration
17 detainer" and "civil immigration warrant" shall have the same meaning as
18 defined in section 1.20 of the criminal procedure law.
19 (b) No resources of any municipal corporation shall be utilized for
20 immigration enforcement. For the purposes of this subdivision, resources
21 of a municipal corporation shall include, but not be limited to, time
22 spent by the municipal corporation's employees, officers, contractors,
23 or subcontractors while on duty and the use of any municipal corpo-
24 ration's property.
25 (c) No municipal corporation, nor any employee thereof, shall disclose
26 to immigration authorities an individual's personally identifiable
27 information, including but not limited to such person's name, social
28 security number, physical description, any associated addresses, tele-
29 phone number, financial information, medical information, or place of
30 employment or education.
31 (d) No municipal corporation, nor any employee thereof, shall ques-
32 tion, investigate, or interrogate an individual on the basis of an immi-
33 gration detainer, a civil immigration warrant, or an actual or suspected
34 violation of immigration law.
35 (e) No municipal corporation, nor any employee thereof, shall inquire
36 about a person's citizenship, immigration status, nationality, or coun-
37 try of origin, unless required by law or necessary to administer a
38 public program or benefit sought by such person.
39 (f) No municipal corporation nor any employee thereof, shall collect
40 information about a person's citizenship, immigration status, nationali-
41 ty, or country of origin, unless required by law or necessary to admin-
42 ister a public program or benefit sought by such person.
43 (g) No municipal corporation, nor any employee thereof, shall enter a
44 person's immigration status into any database maintained by any munici-
45 pal corporation unless required or necessary to administer a public
46 program or benefit sought by such person.
47 (h) No municipal corporation, nor any employee thereof, shall permit
48 non-local law enforcement agencies to access non-public areas of proper-
49 ty or facilities under the control of such municipal corporation unless
50 presented with a judicial warrant signed by a judge or independent
51 magistrate authorizing a search or seeking the arrest of an individual
52 present at the time the judicial warrant is presented.
53 (i) No municipal corporation, nor any employee thereof, shall use
54 immigration authorities as interpreters for law enforcement matters
55 relating to individuals such corporation or employees interact with as
56 part of their employment duties.
A. 3506--A 8
1 (j) All requests for assistance made by immigration authorities to law
2 enforcement agencies within a municipal corporation and all other commu-
3 nications between law enforcement officers within a municipal corpo-
4 ration and immigration authorities shall be recorded. Each municipal
5 corporation shall issue an annual report listing the number of such
6 requests or communications and stating the content and outcome of each
7 request or communication, which shall be promptly delivered to the
8 office of the attorney general and which shall be a public record.
9 (k) This section shall not prohibit municipal employees from sending
10 or receiving information regarding an individual's citizenship or immi-
11 gration status to or from any local, state, or federal agency.
12 (l) The provisions of this article shall not prohibit municipal corpo-
13 rations or their employees from complying with valid court orders or
14 judicial warrants issued by an independent judge appointed pursuant to
15 Article III of the United States constitution or federal magistrate
16 judge appointed pursuant to 28 USC § 631, or from complying with valid
17 writs of habeas corpus ad prosequendum or habeas corpus ad testificandum
18 issued by a state court with the authority to do so pursuant to sections
19 580.30 and 650.30 of the criminal procedure law upon application by a
20 district attorney.
21 (m) The provisions of this article shall apply notwithstanding any
22 other provisions of state or local law and shall not be construed to in
23 any way expand the authority of state and local employees to participate
24 in immigration enforcement.
25 § 6. Section 500-c of the correction law is amended by adding a new
26 subdivision 4-a to read as follows:
27 4-a. (a) The chief administrative officer shall not, by formal agree-
28 ment or otherwise, allow any officer or employee of a county correction-
29 al facility to be subject to the direction or supervision of immigration
30 authorities, as defined in section 1.20 of the criminal procedure law.
31 (b) The chief administrative officer shall ensure that no officer or
32 employee of a county correctional facility spends time while on duty or
33 uses correctional facility resources for immigration enforcement, as
34 defined in section 1.20 of the criminal procedure law.
35 (c) All requests for assistance made by immigration authorities to
36 county jails or their officers acting in the course of their duties and
37 all other communications between corrections personnel and immigration
38 authorities shall be recorded. The chief administrative officer shall
39 produce an annual report listing all such requests and communications
40 and stating the content and outcome of request or communication, which
41 shall be promptly delivered to the office of the attorney general and
42 which shall be a public record.
43 § 7. Section 147 of the correction law is REPEALED.
44 § 8. Section 500-f of the correction law is REPEALED.
45 § 9. Section 621 of the correction law is amended by adding a new
46 subdivision 3 to read as follows:
47 3. This section shall not be construed to permit any law enforcement
48 officer or agency of this state or its subdivisions to participate in or
49 assist with immigration enforcement, as defined in section 1.20 of the
50 criminal procedure law. All law enforcement officers or agencies
51 furnishing information to agencies of other jurisdictions shall obtain
52 from the recipient agency a certification that such information will not
53 be used for immigration enforcement.
54 § 10. The executive law is amended by adding a new section 63-e to
55 read as follows:
A. 3506--A 9
1 § 63-e. Immigration status reports and databases. 1. The office of the
2 attorney general shall review all reports provided to it pursuant to
3 article fifteen-AA of this chapter, article nineteen-C of the general
4 municipal law, and article twenty of the correction law and shall
5 prepare an annual summary of such reports, which shall also identify any
6 alleged omissions or discrepancies in the reported information and any
7 information that may indicate a violation of state law. Such summary
8 shall be a public record.
9 2. The attorney general shall establish a system to solicit and
10 receive complaints from the public about improper use of resources by
11 state or local entities or employees for immigration enforcement and
12 improper sharing of information by state or local entities or employees
13 with immigration authorities. The attorney general shall investigate all
14 such complaints to determine whether a violation of state law occurred,
15 and may bring civil actions against state or local entities or employees
16 acting in their official capacity in the name of the people of the state
17 of New York to obtain appropriate equitable or declaratory relief if the
18 attorney general determines that a violation of state law occurred.
19 3. For any databases operated by state and local law enforcement agen-
20 cies, including databases maintained for the agency by private vendors,
21 the attorney general shall, by the first of January following the effec-
22 tive date of this section, in consultation with appropriate stakehold-
23 ers, publish guidance, audit criteria, and training recommendations
24 aimed at ensuring that such databases are governed in a manner that
25 limits the availability of information contained therein, to the fullest
26 extent practicable and consistent with federal and state law, to anyone
27 or any entity for the purpose of immigration enforcement. All state and
28 local law enforcement agencies are encouraged to adopt necessary changes
29 to database governance policies consistent with such guidance.
30 § 11. Subdivision 1 of section 17 of the public officers law is
31 amended by adding a new paragraph (aa) to read as follows:
32 (aa) For purposes of this section, the term "employee" shall include
33 all current or former employees of the state, the state university of
34 New York, the city university of New York; all current or former employ-
35 ees of any county, city, town, village, municipality, special district,
36 improvement district, community college, public authority, public bene-
37 fit corporation, board of cooperative educational services (BOCES),
38 vocational education and extension board, school district enumerated in
39 section one of chapter five hundred sixty-six of the laws of nineteen
40 hundred sixty-seven, public school district, participating employer in
41 the New York state and local retirement system, participating employer
42 in the New York state teachers' retirement system, participating employ-
43 er in the New York city employees' retirement system, participating
44 employer in the New York city police pension fund, participating employ-
45 er in the New York city fire pension fund, participating employer in the
46 teachers' retirement system of New York city, and participating employer
47 in the New York city board of education retirement system, that is
48 alleged to have criminally or civilly violated any federal, state, or
49 local law in connection with or resulting from their compliance with
50 article one hundred forty-five of the criminal procedure law, section
51 two hundred fifty-six-b of the executive law, article fifteen-AA of the
52 executive law, article nineteen-C of the general municipal law, section
53 five hundred-c of the correction law, subdivision three of section six
54 hundred twenty-one of the correction law, or section sixty-three-e of
55 the executive law, within the scope of their employment or duties,
56 provided that nothing in this section shall be construed to apply to
A. 3506--A 10
1 acts in violation of the provisions of law referenced in this subdivi-
2 sion.
3 § 12. This act shall take effect immediately; provided, however, that
4 the amendments to section 500-c of the correction law made by section
5 six of this act shall not affect the repeal of such section and shall be
6 deemed repealed therewith.
