Gonzalez-Rojas, Tapia, Simone, Hevesi, Zaccaro, Burroughs, Dinowitz, Cunningham, Lasher, Meeks,
Wright, Lavine, Burdick, Lunsford, De Los Santos, Rivera, Torres
MLTSPNSR
Add §29, Civ Rts L; add §409-o, Ed L
Prohibits civil arrest in school settings; prohibits all public and charter schools from allowing law enforcement officials inside school property to access a student, except to address an imminent safety situation or if they have an appropriate judicial warrant or judicial order.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5373
SPONSOR: Cruz TITLE OF BILL:
An act to amend the civil rights law and the education law, in relation
to protecting students, faculty, and staff from civil arrest while
attending or participating in school activities
PURPOSE:
To ensure that students, faculty, and staff are protected from civil
immigration arrest while attending school or participating in school-re-
lated activities and to establish clear guidelines on law enforcement
access to school property.
SUMMARY OF PROVISIONS:
*Section 1: Establishes the short title of the bill as the "Protect Our
Schools Act."
*Section 2: Adds § 29 to the Civil Rights Law, which:
*Protects students, teachers, staff, and visitors from civil arrest
while traveling to or from school, attending classes, or participating
in school activities.
*Prohibits civil arrests on school premises without a judicial warrant.
*Declares unauthorized civil arrests at schools to be unlawful, consti-
tuting false imprisonment.
*Grants individuals the right to file civil lawsuits for violations and
allows the Attorney General to enforce compliance.
*Section 3: Adds § 409-o to the Education Law, which:
*Requires school administrators to prevent unauthorized law enforcement
activity on school grounds.
*Prohibits public and charter schools from allowing law enforcement
access to students without a judicial warrant or imminent safety
concern.
*Mandates school officials to notify parents/guardians if a student is
subject to a judicial warrant, unless prohibited by the order.
*Prevents law enforcement from using school facilities for immigration
enforcement unless legally required.
*Restricts school resource officers from accessing or redisclosing
student immigration records without a judicial order.
*Requires the Commissioner of Education to issue regulations and train-
ing for school personnel on handling law enforcement requests.
*Directs the Department of Education to publish annual reports on civil
arrests attempted or conducted at schools.
*Section 4: Includes a severability clause to ensure remaining
provisions remain in effect if any part of the act is invalidated.
*Section 5: Establishes the act's immediate effective date.
JUSTIFICATION:
Schools are meant to be safe environments where students can focus on
learning, yet recent incidents of immigration enforcement and civil
arrests on school properties have created fear and uncertainty among
students, families, and educators. The presence of law enforcement
executing civil immigration arrests-particularly without judicial
warrants-disrupts the school environment and places undue stress on
vulnerable students, including immigrant youth and mixed-status fami-
lies. This climate of fear discourages school attendance, impairs
academic performance, and weakens trust in schools as places of learning
and support.
The New York State Education Department (NYSED) has already issued
guidelines advising schools on how to protect students from unwarranted
law enforcement actions, particularly in the context of immigration
enforcement. This bill codifies many of those existing NYSED guidelines
into law, ensuring that all schools consistently follow best practices
to protect students from undue law enforcement interference. Codifica-
tion is essential to prevent these protections from being subject to
shifting administrative policies or discretionary enforcement.
Federal immigration policies and enforcement practices have led to
heightened anxiety in immigrant communities, with reports of school-
based enforcement actions negatively impacting student attendance and
engagement. These actions disproportionately affect communities of
color, deepen educational inequities, and deter parents from engaging
with schools due to fear of law enforcement encounters. When students
feel unsafe, their ability to focus, participate, and thrive in an
academic setting is significantly hindered.
This bill seeks to address these concerns by ensuring that:
*Students, faculty, and staff are shielded from civil arrests at school
unless supported by a judicial warrant. This prevents arbitrary enforce-
ment actions from disrupting learning environments and promotes
students' rights to education without fear.
*Schools serve as protected spaces, where law enforcement cannot conduct
civil arrests without explicit legal authorization, ensuring that educa-
tional institutions remain free from undue policing and enforcement
actions.
*Parents and guardians are notified if law enforcement seeks to detain a
student, reinforcing transparency and allowing families to seek legal
counsel and advocacy when necessary.
*Clear legal standards are established for law enforcement access to
school grounds, preventing unchecked discretion and maintaining consist-
ency across school districts.
*School personnel are equipped with the necessary training to handle law
enforcement requests properly, ensuring they understand and uphold
students' rights while complying with legal requirements.
Similar protections have been adopted in other jurisdictions to prevent
civil enforcement actions from interfering with education. New York has
a duty to ensure its schools remain safe havens for students, regardless
of their immigration status or background. By codifying these
protections into law, this bill reinforces that commitment and ensures
that schools are protected spaces where students can focus on their
education without fear of civil immigration arrest or detention.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
Minimal administrative costs anticipated for compliance and reporting
requirements:
EFFECTIVE DATE:
This act shall take effect immediately upon becoming law.
STATE OF NEW YORK
________________________________________________________________________
5373
2025-2026 Regular Sessions
IN ASSEMBLY
February 13, 2025
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Education
AN ACT to amend the civil rights law and the education law, in relation
to protecting students, faculty, and staff from civil arrest while
attending or participating in school activities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "protect our schools act".
3 § 2. The civil rights law is amended by adding a new section 29 to
4 read as follows:
5 § 29. Civil arrest; protection in school settings. 1. A person attend-
6 ing, employed at, or otherwise lawfully present at a school, including
7 students, teachers, school staff, volunteers, and visitors, is privi-
8 leged from civil arrest while:
9 (a) traveling to and from school;
10 (b) attending classes or school-related activities;
11 (c) participating in extracurricular or educational programs on school
12 grounds or are affiliated with the school, including but not limited to
13 after school programs.
14 2. No civil arrest shall be executed on school premises unless
15 supported by a judicial warrant authorizing such an arrest or detain-
16 ment.
17 3. No other document shall be sufficient for the execution of any
18 civil arrest including an administrative warrant or immigration detain-
19 er.
20 4. It shall be considered unlawful and constitute false imprisonment
21 for any person to willfully violate this section by executing or assist-
22 ing in an arrest prohibited under this section.
23 5. A person whose rights under this section are violated may bring a
24 civil action for equitable and declaratory relief. Additionally, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09018-01-5
A. 5373 2
1 attorney general may bring a civil action in the name of the state to
2 enforce compliance.
3 6. Any successful action pursuant to this section may result in the
4 recovery of costs and reasonable attorney's fees.
5 7. As used in this section:
6 (a) "Judicial warrant or order" shall mean a warrant or order that is
7 signed by a United States district judge or federal magistrate judge and
8 demonstrates probable cause to believe an individual has committed a
9 crime or offense.
10 (b) "Administrative warrant" shall mean a warrant that is prepared and
11 issued by federal immigration authorities and directs federal officials
12 to arrest a noncitizen for removal or removal proceedings.
13 (c) "Immigration detainer" shall mean a request, typically issued by
14 federal immigration authorities to local law enforcement agencies, to
15 keep an individual in custody for up to forty-eight hours beyond when
16 the individual is scheduled for release.
17 § 3. The education law is amended by adding a new section 409-o to
18 read as follows:
19 § 409-o. Authority of schools to maintain a safe educational environ-
20 ment. 1. School administrators shall take appropriate action to prevent
21 unauthorized law enforcement activity on school grounds, to protect
22 students' rights to a secure learning environment.
23 2. All public and charter schools are prohibited from allowing law
24 enforcement officials inside school property to access a student, except
25 to address an imminent safety situation or if they present any of the
26 documents stated in paragraph (b) of subdivision three of this section.
27 3. Every law enforcement official entering school property with the
28 intent to conduct a civil immigration arrest shall:
29 (a) Identify themselves to school administration;
30 (b) Provide a judicial warrant or judicial order authorizing an
31 arrest; and
32 (c) Obtain permission from school administrators unless responding to
33 an imminent safety threat.
34 4. Before taking any other action, a school shall provide the school's
35 superintendent and school district attorney with the documentation
36 provided pursuant to paragraph (b) of subdivision three of this section,
37 which such superintendent and school district attorney shall assess in
38 the context of the law enforcement request, and await guidance before
39 proceeding.
40 5. A school shall immediately notify the parent or guardian of the
41 student who is the subject of a judicial warrant or judicial order
42 authorizing an arrest unless specifically prohibited by such warrant or
43 order.
44 6. Schools shall establish and publicly post protocols to ensure
45 students, staff, and parents are aware of their rights under the
46 provisions of this section.
47 7. No school resource officer or any law enforcement official acting
48 on behalf of an immigration authority shall detain, interrogate, or
49 remove a student for the purpose of ascertaining immigration status.
50 8. Law enforcement officials shall not utilize school facilities for
51 immigration enforcement actions unless required by law or a judicial
52 order.
53 9. Student resource officers shall be prohibited from accessing or
54 redisclosing student records containing immigration status or related
55 information except when a judicial order or lawfully issued subpoena is
A. 5373 3
1 provided and after consultation with the school's superintendent and
2 school district attorney.
3 10. (a) The commissioner shall promulgate all rules and regulations
4 necessary to ensure compliance with the provisions of this section,
5 including but not limited to, training for school personnel on handling
6 law enforcement requests.
7 (b) The department shall publish an annual report on enforcement
8 actions affecting schools, detailing the number and nature of civil
9 arrests attempted or conducted on school premises.
10 11. As used in this section "judicial warrant or order" shall mean a
11 warrant or order that is signed by a United States district judge or
12 federal magistrate judge and demonstrates probable cause to believe an
13 individual has committed a crime or offense.
14 § 4. Severability. If any clause, sentence, paragraph, section or part
15 of this act shall be adjudged by any court of competent jurisdiction to
16 be invalid and after exhaustion of all further judicial review, the
17 judgment shall not affect, impair or invalidate the remainder thereof,
18 but shall be confined in its operation to the clause, sentence, para-
19 graph, section or part of this act directly involved in the controversy
20 in which the judgment shall have been rendered.
21 § 5. This act shall take effect immediately.
