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
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: A3506
SPONSOR: Reyes TITLE OF BILL:
An act to amend the criminal procedure law, the executive law, the
general municipal law and the correction 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 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 SPECIFIC PROVISIONS:
Section one 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 non-local
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 non-local
law enforcement to non-public 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 ban 287(g) agreements under the Immigration and
Nationality Act and requires jail administrators to ensure that
corrections officers do not engage in immigration enforcement.
Section seven repeals section 147 of the Correction Law that requires
correctional facilities to investigate immigrants and share that infor-
mation with immigration authorities.
Section eight repeals section 500-f of the Corrections Law that 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 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, recently affirmed, 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 protect the rights of all New Yorkers, ensure that state and
local officers can perform their core duties, promote community trust,
and prevent disruption of workplaces, families and support systems
throughout the state. Doing so will help keep irreplaceable workers in
the workplace, maintain important sources of tax revenue, 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 and means
2021-2022: A2328B - Amend and recommit to ways and means
2020: A9586 - referred to codes
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
Immediately.
