Prohibits public entities from contracting with airlines that transport individuals who have been detained by U.S. immigration and customs enforcement without being afforded due process rights; prohibits certain sales and use tax exemptions on fuel sold to an airline that transports individuals who have been detained by U.S. immigration and customs enforcement without being afforded due process rights.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8188
SPONSOR: Solages TITLE OF BILL:
An act to amend the public authorities law and the tax law, in relation
to enacting the "state airport facilities enforcing accountability in
immigration removals (SAFE AIR) act"
PURPOSE:
Enacts the state airport facilities enforcing accountability in immi-
gration removals (SAFE AIR) act.
SUMMARY:
Section 1: Establishes the short title. Section 2: Sets legislative
findings.
Section 3: Amends the Public Authorities Law by adding a new § 2879-d,
prohibiting state agencies, departments, authorities, public benefit
corporations and localities from contracting with commercial airlines
that transport individuals detained by U.S. Immigration and Customs
Enforcement (ICE) without a valid judicial warrant and assurance of due
process protections, including access to legal counsel and a hearing
before an immigration judge. The section authorizes enforcement by the
Attorney General.
Section 4: Amends Tax Law § 1115(a)(9) to revoke the state sales tax
exemption for jet fuel purchased by any commercial airline that fails to
meet the outlined criteria, thereby denying a significant financial
benefit to non-compliant carriers.
Section 5: Includes a severability clause. Section 6: Sets the
effective date.
JUSTIFICATION:
The SAFE AIR Act is necessary to prevent New York's public assets and
benefits from being used to support immigration removals that occur
without proper legal oversight or constitutional due process. Many
deportations are initiated based on administrative ICE detainers without
judicial warrants or due process protections. Participation by commer-
cial airlines in such removals, without appropriate legal safeguards,
risks constitutional violations and undermines public trust in the
State's commitment to civil liberties.
New York grants a major tax subsidy to airlines through the jet fuel
sales tax exemption, representing a significant financial incentive. It
is inconsistent with the State's values to provide this subsidy to
airlines that voluntarily assist in removals lacking judicial warrants
and due process protections. Conditioning the tax exemption and access
to public contracts ensures that public benefits are not extended indis-
criminately, but are awarded only to those entities that respect consti-
tutional norms. This promotes responsible corporate behavior without
directly regulating airline operations.
This legislation does not obstruct federal immigration enforcement nor
prohibit airlines from complying with valid judicial orders. Instead, it
ensures that access to state contracts and eligibility for significant
tax exemptions are contingent on respecting the due process rights guar-
anteed under state and federal law. The act carefully exercises New
York's authority as a proprietor and as a market participant in regulat-
ing its own public expenditures. By conditioning access to public
resources and tax benefits on respect for legal standards, New York
reaffirms its leadership in upholding constitutional rights and protect-
ing vulnerable communities.
RACIAL JUSTICE IMPACT:
TBD.
GENDER JUSTICE IMPACT:
TBD.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
TBD.
EFFECTIVE DATE:
This act shall take on the ninetieth day after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
