Gray, Manktelow, Friend, Gallahan, Angelino, Brabenec, Brown E, Novakhov, Beephan, DeStefano, Brown
K, Giglio JA, DiPietro, Tague, Slater, McDonough, Mikulin
MLTSPNSR
Add §135.38, Pen L
Criminalizes the act of engaging in any scheme, plan or pattern to transport an undocumented immigrant from any location outside of New York state to a location within New York state with the intent of dropping such person off in any municipality or federal property located wholly within New York state boundaries or to transport an undocumented immigrant from any location within New York state to another location within New York state with the intent of dropping such person off in any municipality or federal property located wholly within New York state boundaries.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8880
SPONSOR: Lemondes TITLE OF BILL:
An act to amend the penal law, in relation to establishing the offense
of migrant trafficking
PURPOSE OR GENERAL IDEA OF BILL:
To make illegal any transportation of undocumented migrants to or within
New York State
SUMMARY OF PROVISIONS:
Section 1 provides the title of the bill as the "Stop Migrant Traffick-
ing Act"
Section 2 amends the penal law by adding a new section establishing the
offense of migrant trafficking. Clarifies where it is prohibited to
traffic undocumented migrants and who can be held liable. Sets a penalty
for migrant trafficking.
Section 3 provides the effective date and authorizes any changes to
rules and/or regulations necessary to implement this act.
JUSTIFICATION:
The migrant crisis has disproportionally affected New York State, New
York City and other municipalities across the state. Since the Spring of
2022 New York City has seen over 140,000 undocumented migrants come
through the city's intake system, and of those undocumented migrants,
over 33,000 were bussed from Texas alone2. In addition, New York City
began transporting undocumented migrants to municipalities throughout
the state this summer. Aside from the estimated $10 billion price tag
illegal immigration was estimated to cost New York in 20233, this crisis
poses massive threats to public safety and allows bad actors to take
advantage of our broken system. New York currently has no effective
policy preventing undocumented migrants with criminal records or intent
like, drug, sex and weapons traffickers from entering our state and its
local communities amidst the surge in illegal immigration through our
nation's southern border. We must enforce consequences on those who are
actively endangering the safety of New Yorkers by transporting poten-
tially dangerous individuals to our state and within its borders.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the nineteenth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
8880
IN ASSEMBLY
January 26, 2024
___________
Introduced by M. of A. LEMONDES -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to establishing the offense
of migrant trafficking
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "stop
2 migrant trafficking act".
3 § 2. The penal law is amended by adding a new section 135.38 to read
4 as follows:
5 § 135.38 Migrant trafficking.
6 1. A person is guilty of migrant trafficking if he or she engages in
7 any scheme, plan or pattern to transport an undocumented immigrant from:
8 (a) any location outside of New York state to a location within New
9 York state with the intent of dropping such person off in any munici-
10 pality or federal property located wholly within New York state bounda-
11 ries; or
12 (b) any location within New York state to another location within New
13 York state with the intent of dropping such person off in any munici-
14 pality or federal property located wholly within New York state bounda-
15 ries.
16 2. As used in this section, "person" means a natural person, a compa-
17 ny, society, association, corporation, manager, contractor, subcontrac-
18 tor, partnership, bureau, agency, service, office or the agent or
19 employee of the foregoing.
20 Migrant trafficking is a class C felony.
21 § 3. This act shall take effect on the ninetieth day after it shall
22 have become a law. Effective immediately, the addition, amendment and/or
23 repeal of any rule or regulation necessary for the implementation of
24 this act on its effective date are authorized to be made and completed
25 on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14039-01-4
