NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11013A
SPONSOR: Rules (Solages) TITLE OF BILL: An act to amend the civil rights law and the judiciary
law, in relation to protecting certain interested parties or people from
civil arrest while going to, remaining at, or returning from the place
of such court proceeding
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to facilitate continued access to the
justice system and courts by all members of the community without fear
of immigration-related consequences.
SUMMARY OF PROVISIONS:
Section one is the title of the bill.
Section two would amend the Civil Rights Law to protect certain persons
from civil arrest when going to, remaining at, or returning from a court
appearance or proceeding unless a specific judicial warrant or judicial
order authorizing such arrest has been issued. This section provides
that a civil court action may be brought by the individual or the attor-
ney general to address an alleged violation of this provision. This
provision is in addition to the general protections from civil arrest
found in Article Three of the Civil Rights Law, in any other law, and
available under common law.
Section three would amend the Judiciary Law to allow courts to issue
orders designed to protect the prohibition on such civil arrests.
Section four would amend the Judiciary Law to provide that non-local law
enforcement officials seeking to enter a courthouse with respect to an
alleged violation or violations of federal immigration law would be
required to identify themselves and such purpose. Counsel for the
unified court system would be required to review any judicial warrant or
judicial order presented to assure its authenticity before allowing
entry of the officer intending to effect such an immigration-related
arrest.
Section five contains a severability clause.
Section six is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version adds a title. 1
JUSTIFICATION:
Article Three of the Civil Rights Law, "Privilege From Arrest," dates
back to the early part of the last century. Most of these provisions of
the Civil Rights Law were enacted in 1909 (e.g., § 22 ("Privileges of
officers and prisoners from arrest while passing through another coun-
ty"); § 23 ("No person to be arrested in civil proceedings without asta-
tutory provision); § 25 ("Witness exempt from arrest")). While such
provisions have been effective to protect the integrity and needs of the
court system in certain circumstances, certain modern practices make an
updated, supplementary statute necessary.
Changes by federal agencies regarding the enforcement of federal immi-
gration law have instilled significant fear in immigrant communities
across New York State. In particular, the use of court calendars and
courthouses as a means of locating allegedly undocumented individuals
has soared, leaving many immigrants, documented and undocumented, afraid
to access the justice system or respond to court summonses for fear of
potentially life-changing immigration-related repercussions. This trend
has a potentially damaging impact on all New Yorkers, not just immigrant
communities, as the operation of our judicial system and public safety
are undermined.
Domestic violence victims - whether documented individuals or not - need
access to our civil justice system, for orders of protection and similar
relief. An entire family may be gravely impacted if a tenant is afraid
to enter the courthouse and respond to a landlord's court petition.
Justice to other persons is denied when an immigrant - documented or not
- refuses to come to court to testify as a victim or witness. It serves
neither justice nor public safety when fear of a civil arrest deters a
defendant charged with a traffic infraction, or a more serious crime,
from attending a scheduled court appearance in the case.
According to the Immigrant Defense Project, from 2016 to 2017, arrests
by federal Immigration and Customs Enforcement ("ICE") agents at court-
houses in New York State increased by 1200%. Fear of being targeted,
either due to a lack of legal immigration status or concern about the
uncertain status of a family member, have dissuaded many individuals
from contacting law enforcement or following through with court
proceedings. District attorneys and legal representatives, in New York
and elsewhere, have expressed frustration and concern regarding their
ability to prosecute cases, as victims and witnesses are sometimes too
afraid to attend the proceedings. This inability of law enforcement and
the legal community to work effectively with immigrant communities and
individuals has potentially severe consequences for public safety, as
the justice system is handicapped by the unwillingness of victims,
witnesses, tenants and others to come forward and enter the courthouse.
As fewer individuals feel safe interacting with the justice system,
fearing potential implications for themselves, friends or family, it
becomes all the more challenging to promote public safety. It is imper-
ative that we ensure that all members of our community feel safe access-
ing New York's court system.
This bill would make a modest change to clarify and update New York's
century-old prohibition on certain courthouse arrests (Civil Rights Law
Art. 3). The bill would allow arrest for an immigration offense based on
a judicial arrest warrant or judicial order, signed by a judge of anoth-
er jurisdiction who is authorized to order such arrest. However, an
immigration- related courthouse arrest based on an administrative
warrant, or without a warrant, would not be permitted.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None expected.
EFFECTIVE DATE:
This bill would take effect immediately.
