Requires police and peace officers receive a lawful order before assisting with immigration enforcement; requires federal agents identify themselves at the request of public officers, police officers or peace officers; establishes penalties for federal agents who fail to identify themselves.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8994
SPONSOR: Steck TITLE OF BILL:
An act to amend the criminal procedure law, in relation to prohibiting
police officers and peace officers from enforcing federal immigration
law unless such officer received a lawful order
PURPOSE:
To ensure that deportation and asylum orders are lawfully issued by
Immigration Judges after an evidentiary hearing.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Section 1.20 of the criminal procedure law is amended by
adding a new subdivision 46 to read as follows:
46. "Immigration law" means any civil provision of the federal Immi-
gration and Nationality Act and any provision of law that penalizes a
person's presence in, entry into, or reentry into the United States.
Section 2. The criminal procedure law is amended by adding a new article
183 to read as follows:
No police officer or peace officer shall honor any directive or request
concerning the enforcement of immigration law, unless contained in a
lawful order issued by an immigration judge, a United States magistrate
judge or a district court judge. Any federal agent attempting to enforce
immigration law shall carry identification which shall be produced on
demand of any public officer, police officer or peace officer and any
such federal agent that fails to produce such identification shall be
guilty of a violation as such term is defined in section 10.00 of the
penal law and any subsequent violations shall be deemed a class B misde-
meanor.
JUSTIFICATION:
This bill is designed to address abuse of power by Immigration and
Customs Enforcement (ICE) but without undermining legitimate law
enforcement efforts in the immigration area. Other proposals have said
that only Article III Federal Court orders should be respected not
administrative Court orders. However, in many other fields of law,
administrative enforcement is essential, such as labor, environmental,
etc.
Deportation and asylum orders are issued by Immigration Judges after
evidentiary hearing. New York is bound to, and should, respect those
orders. On the other hand, directives that come from ICE alone without
any form of administrative due process are not entitled to full faith
and credit from the State of New York.
In addition to ensuring that deportation and asylum orders are being
issued by Immigration Judges, this legislation will also require a
federal agent enforcing immigration law to carry identification and
produce that identification at the request of a public officer, police
officer, or peace officer. This will ensure that federal agents are
required to disclose who they are when asked by law enforcement.
LEGISLATIVE HISTORY:
New Legislation
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
8994
2025-2026 Regular Sessions
IN ASSEMBLY
August 13, 2025
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to prohibiting
police officers and peace officers from enforcing federal immigration
law unless such officer received a lawful order
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 a new subdivision 46 to read as follows:
3 46. "Immigration law" means any civil provision of the federal Immi-
4 gration and Nationality Act and any provision of law that penalizes a
5 person's presence in, entry into, or reentry into the United States.
6 § 2. The criminal procedure law is amended by adding a new article 183
7 to read to as follows:
8 ARTICLE 183
9 IMMIGRATION ENFORCEMENT REQUIREMENTS
10 Section 183.10 Immigration enforcement requirements.
11 § 183.10 Immigration enforcement requirements.
12 No police officer or peace officer shall honor any directive or
13 request concerning the enforcement of immigration law, unless contained
14 in a lawful order issued by an immigration judge, a United States magis-
15 trate judge or a district court judge. Any federal agent attempting to
16 enforce immigration law shall carry identification which shall be
17 produced on demand of any public officer, police officer or peace offi-
18 cer and any such federal agent that fails to produce such identification
19 shall be guilty of a violation as such term is defined in section 10.00
20 of the penal law and any subsequent violations shall be deemed a class B
21 misdemeanor.
22 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13364-04-5
