NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6705
SPONSOR: Solages
 
TITLE OF BILL:
An act to amend the executive law, in relation to guidance to facilities
and programs overseen by state agencies on interactions with Federal
immigration authorities
 
PURPOSE:
To ensure that facilities and programs that are overseen by state agen-
cies receive accurate guidance on how to respond to requests by federal
immigration authorities for access to individuals who are residents or
participants in such facilities or programs or for records or other
information pertaining to such persons.
 
SUMMARY:
Section 1. Amends paragraphs (m) and (n) of subdivision 5 of section
94-b of the executive law.
Section 2. Sets the effective date.
 
JUSTIFICATION:
This bill would assist facilities and programs that are overseen by
state agencies to better understand their legal responsibilities regard-
ing requests by federal immigration authorities for access to residents
or program participants, or for records on such persons. Individuals
who are residents or participants in facilities or programs overseen by
state agencies have a right to privacy and due process. Providing accu-
rate guidance helps ensure that their rights are protected when federal
immigration authorities seek access to them or their information.
Accurate guidance helps maintain the trust and confidence that the
public have in state agencies that oversee these facilities and
programs. It is vital that individuals continue to seek the services
they need and are not deterred by a fear of being targeted by immi-
gration authorities.
This bill provides for the Office of New Americans, which has expertise
in immigration-related matters, to assist state agencies in developing
accurate guidance to be disseminated to facilities and programs under
their jurisdiction that may need it. This will help ensure that these
entities are not exposed to legal liability by abetting abusive and
unauthorized practices.
 
RACIAL JUSTICE IMPACT:
New Yorkers of color are targeted by immigration policies and enforce-
ment agencies. Providing accurate guidance helps protect these communi-
ties while ensuring that state agencies are not complicit in discrimina-
tory practices or policies. This legislation will advance equity by
ensuring that all individuals, regardless of their immigration status,
are treated with dignity and respect, and that their rights are
protected.
 
GENDER JUSTICE IMPACT:
TBD.
 
LEGISLATIVE HISTORY:
2021-22: A5262; referred to government operations.
2019-20: A3031; referred to government operations.
2017-18: A7932; referred to government operations.
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6705
2023-2024 Regular Sessions
IN ASSEMBLY
May 5, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to guidance to facilities
and programs overseen by state agencies on interactions with Federal
immigration authorities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (m) and (n) of subdivision 5 of section 94-b of
2 the executive law, as added by chapter 206 of the laws of 2014, are
3 amended to read as follows:
4 (m) Encourage and assist local governments in the development of
5 activities to enhance civic engagement among immigrants and in immigrant
6 communities; [and]
7 (n) Assist state agencies in the preparation of guidance to be dissem-
8 inated to facilities and programs overseen by such agencies concerning
9 inquiries from Federal immigration authorities seeking access to indi-
10 viduals residing or participating in such facilities or programs, or to
11 records or other information regarding such persons; and
12 (o) Beginning in two thousand fifteen, by June fifteenth of each year,
13 produce a report to the governor, the speaker of the assembly, and the
14 temporary president of the senate describing the activities of the
15 office, including but not limited to, summarizing calls received through
16 the hotline and website, information on ESOL training services provided
17 by the office, the number of immigrants assisted through the opportunity
18 centers, or an estimation thereof, the status of any workforce develop-
19 ment programs, and any other relevant information.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02708-01-3