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S02235 Summary:

BILL NOS02235B
 
SAME ASSAME AS A03506-B
 
SPONSORGOUNARDES
 
COSPNSRSALAZAR, BAILEY, BASKIN, BOTTCHER, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FAHY, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HINCHEY, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRANO, STAVISKY, WEBB, ZELLNER
 
MLTSPNSR
 
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-D §996, Gen Muni L; amd §§500-c & 621, rpld §§147 & 500-f, Cor L; amd §17, Pub Off L; add Art 25 §§1300 - 1302, amd §3625, Ed 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; prohibits an educational agency, higher education agency, school employee, school safety personnel, or third-party contractor from collecting information about a person's citizenship, immigration status, nationality, or country of origin, unless required by law or necessary to administer a public program or benefit sought by such person.
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S02235 Memo:

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S02235 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2235--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2025
                                       ___________
 
        Introduced by Sens. GOUNARDES, SALAZAR, BAILEY, BASKIN, BRISPORT, BROUK,
          CLEARE, COMRIE, COONEY, FAHY, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM,
          HINCHEY,  JACKSON,  KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER,
          RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRANO, WEBB  --  read  twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
 
        AN  ACT  to  amend  the  criminal  procedure law, the executive law, the
          general municipal law, the education law, the correction law  and  the
          public  officers  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
 
          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 five new subdivisions 46, 47, 48, 49 and 50 to read as follows:
     3    46.  "Immigration authorities" means any officer, employee, or govern-
     4  ment employee who is responsible for enforcement of  the  federal  Immi-
     5  gration  and  Nationality  Act, including any officer or agent of United
     6  States Immigration and Customs Enforcement or United States Customs  and
     7  Border Protection.
     8    47.  "Immigration  enforcement"  means  the  enforcement  of any civil
     9  provision  of  the  federal  Immigration  and  Nationality  Act  or  any
    10  provision  of  law that penalizes a person's presence in, entry into, or
    11  reentry into the United States.
    12    48. "Immigration law" means any civil provision of the  federal  Immi-
    13  gration  and  Nationality  Act and any provision of law that penalizes a
    14  person's presence in, entry into, or reentry into the United States.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05168-06-6

        S. 2235--B                          2
 
     1    49. "Immigration detainer" means any document, form, or other communi-
     2  cation requesting or directing that a police officer, peace officer,  or
     3  government  entity  detain or maintain custody of an individual, for any
     4  period of time, for pickup by or transfer to immigration authorities.
     5    50.  "Civil  immigration warrant" means any warrant for a violation of
     6  civil immigration law that is not issued by a judge  appointed  pursuant
     7  to Article III of the United States constitution or a federal magistrate
     8  judge  appointed  pursuant  to  28  USC  § 631, and includes any warrant
     9  entered into the national crime information center database.
    10    § 2. The criminal procedure law is amended by adding a new article 145
    11  to read as follows:
    12                                 ARTICLE 145
    13     PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
    14               OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
    15  Section 145.05 Duties of police officers,  peace  officers,  and  school
    16                   resource officers; immigration.
    17          145.10 Direction by immigration authorities.
    18          145.15 Immigration   detainer;   questioning,  investigation  or
    19                   interrogation prohibited.
    20          145.20 Inquiry into and collection  of information  about  citi-
    21                   zenship or immigration status prohibited.
    22          145.25 Notification of immigration authorities prohibited.
    23          145.30 Transfer of custody to immigration authorities.
    24          145.35 Entry of immigration status into a database.
    25          145.40 Immigration authorities as interpreters prohibited.
    26          145.45 Written consent for interview.
    27          145.50 Receipt of information regarding citizenship.
    28          145.55 Compliance with court orders and judicial warrants.
    29          145.60 Application of laws.
    30  § 145.05 Duties  of police officers, peace officers, and school resource
    31             officers; immigration.
    32    The duties and authority  of  police  officers,  peace  officers,  and
    33  school  resource officers shall not include authority to engage in immi-
    34  gration  enforcement.  Police  officers,  peace  officers,  and   school
    35  resource  officers  shall  not  use  public  resources  for  immigration
    36  enforcement.
    37  § 145.10 Direction by immigration authorities.
    38    No police officer, peace officer, or school resource officer shall  be
    39  subject  to  the direction or supervision of immigration authorities. No
    40  police officer, peace officer, or school resource officer shall  partic-
    41  ipate  in  or be subject to any agreement for the purpose of immigration
    42  enforcement.
    43  § 145.15 Immigration detainer; questioning,  investigation  or  interro-
    44             gation prohibited.
    45    No  police  officer,  peace  officer, or school resource officer shall
    46  question, investigate, or interrogate an individual solely on the  basis
    47  of an immigration detainer, a civil immigration warrant, or an actual or
    48  suspected violation of immigration law.
    49  § 145.20 Inquiry into and collection of information about citizenship or
    50             immigration status prohibited.
    51    1.  No police officer, peace officer, or school resource officer shall
    52  inquire about a person's citizenship, immigration  status,  nationality,
    53  or  country of origin, unless required by law or necessary to administer
    54  a public program or benefit sought by that person.
    55    2. No police officer, peace officer, or school resource officer  shall
    56  collect information regarding citizenship, immigration status, national-

        S. 2235--B                          3
 
     1  ity, or country of origin, unless required by law or necessary to admin-
     2  ister a public program or benefit sought by that person.
     3  § 145.25 Notification of immigration authorities prohibited.
     4    No  police  officer,  peace  officer, or school resource officer shall
     5  notify or otherwise communicate with immigration authorities  regarding:
     6  (i) the date, time, or location that an individual will be released from
     7  custody;  (ii)  the  time,  date,  or  location of an individual's court
     8  appearance; or (iii) any other information available to police officers,
     9  peace officers, or school resource officers through or as  a  result  of
    10  such  employment  as a police officer, peace officer, or school resource
    11  officer.
    12  § 145.30 Transfer of custody to immigration authorities.
    13    No police officer, peace officer, or  school  resource  officer  shall
    14  transfer  or  facilitate the transfer of individuals in their custody to
    15  the custody of immigration authorities absent a  valid  court  order  or
    16  judicial  warrant  issued  by an independent judge appointed pursuant to
    17  Article III of the United  States  constitution  or  federal  magistrate
    18  judge  appointed  pursuant to 28 USC § 631 commanding the arrest of such
    19  individual.
    20  § 145.35 Entry of immigration status into a database.
    21    No police officer, peace officer, or  school  resource  officer  shall
    22  enter  a person's immigration status into any database maintained by any
    23  government entity unless required or necessary to  administer  a  public
    24  program or benefit sought by such person.
    25  § 145.40 Immigration authorities as interpreters prohibited.
    26    No police officer, peace officer, or school resource officer shall use
    27  immigration  authorities  as  interpreters  for  law enforcement matters
    28  relating to individuals being interviewed,  interrogated,  investigated,
    29  or taken into custody.
    30  § 145.45 Written consent for interview.
    31    1.  In  any  instance  in  which immigration authorities are permitted
    32  access to an individual in the custody of a police officer, peace  offi-
    33  cer,  or  school  resource officer for the purpose of being interviewed,
    34  the officer shall provide the individual with  a  written  consent  form
    35  that explains the purpose of the interview, that the interview is volun-
    36  tary,  and  that  they may decline to be interviewed or may choose to be
    37  interviewed with their attorney present. The written consent form  shall
    38  be  provided  in  English,  Spanish,  and  the  five  most widely spoken
    39  languages in the county where the  officer's  agency  or  department  is
    40  located.
    41    2.  After  providing  an  individual in custody with a written consent
    42  form pursuant to subdivision one of this section, an officer shall  keep
    43  a  written  record  of  whether    the individual declined an interview,
    44  consented to an interview, or asked for an attorney to be present at the
    45  interview, and whether an  interview  occurred.  The  office  or  agency
    46  employing such officer shall maintain all such written records and shall
    47  compile  an annual summary identifying the number of requests for inter-
    48  views received   and whether each  individual  declined  the  interview,
    49  consented  to  the  interview, or asked for an attorney to be present at
    50  the interview, and how many interviews occurred. Such summary shall  not
    51  include  the  personally  identifiable  information of any individual in
    52  custody, and shall be a public record.
    53  § 145.50 Receipt of information regarding citizenship.
    54    The provisions of this article shall  not  prohibit  police  officers,
    55  peace  officers,  or  school resource officers from sending or receiving

        S. 2235--B                          4
 
     1  information regarding an individual's citizenship or immigration  status
     2  to or from any local, state, or federal agency.
     3  § 145.55 Compliance with court orders and judicial warrants.
     4    The  provisions  of  this  article  shall  not  prohibit officers from
     5  complying with valid court orders or  judicial  warrants  issued  by  an
     6  independent judge appointed pursuant to Article III of the United States
     7  constitution  or federal magistrate judge appointed pursuant to 28 USC §
     8  631.
     9  § 145.60 Application of laws.
    10    The provisions of this article shall apply notwithstanding  any  other
    11  provisions  of  state  or local law and shall not be construed to in any
    12  way expand the authority of state and local law enforcement officers  to
    13  participate in immigration enforcement.
    14    §  3.  The  executive  law is amended by adding a new section 256-b to
    15  read as follows:
    16    § 256-b. Duties of local probation departments  regarding  immigration
    17  enforcement.    1.  For  the  purposes of this section, the terms "immi-
    18  gration  authorities",  "immigration  enforcement",  "immigration  law",
    19  "immigration  detainer"  and  "civil immigration warrant" shall have the
    20  same meaning as defined in section 1.20 of the criminal procedure law.
    21    2. No probation agency or department, nor any employee thereof,  shall
    22  inquire  about  a person's citizenship, immigration status, nationality,
    23  or country of origin, unless required by law or necessary to  administer
    24  a public program or benefit sought by such person.
    25    3.  No probation agency or department, nor any employee thereof, shall
    26  communicate with immigration authorities regarding a person presently or
    27  formerly under the supervision of such agency or department or  disclose
    28  to  immigration  authorities information gained in the course of employ-
    29  ment or available as a result of employment with such agency or  depart-
    30  ment.
    31    4.  No probation agency or department, nor any employee thereof, shall
    32  collect information about a person's  citizenship,  immigration  status,
    33  nationality,  or  country of origin, unless required by law or necessary
    34  to administer a public program or benefit sought by such person.
    35    5. No probation agency or department, nor any employee thereof,  shall
    36  question,  investigate, or interrogate an individual solely on the basis
    37  of an immigration detainer, a civil immigration warrant, or an actual or
    38  suspected violation of immigration law.
    39    6. No probation agency or department, nor any employee thereof,  shall
    40  permit  non-local  civil  law  enforcement agencies to access non-public
    41  areas of property or facilities under the  control  of  such  agency  or
    42  department unless presented with a judicial warrant signed by a judge or
    43  independent  magistrate authorizing a search or seeking the arrest of an
    44  individual present at the time the judicial warrant is presented.
    45    7. In any instance in  which  immigration  authorities  are  permitted
    46  access  to  an individual under the supervision of a probation agency or
    47  department for the purpose of being interviewed, the probation agency or
    48  department shall provide the individual with a written consent form that
    49  explains the purpose of the interview, that the interview is  voluntary,
    50  and  that  they may decline to be interviewed or may choose to be inter-
    51  viewed with their attorney present. The written consent  form  shall  be
    52  provided  in English, Spanish, and the five most widely spoken languages
    53  in the county where the officer's agency or department is located.
    54    8. No probation agency or department, nor any employee thereof,  shall
    55  enter  a person's immigration status into any database maintained by any

        S. 2235--B                          5
 
     1  government entity unless required or necessary to  administer  a  public
     2  program or benefit sought by such person.
     3    9.  No probation agency or department, nor any employee thereof, shall
     4  investigate a person's immigration status or immigration history.
     5    10. No probation agency or department, nor any employee thereof, shall
     6  include a person's immigration status or immigration history  in  court-
     7  ordered reports.
     8    11. No probation agency or department, nor any employee thereof, shall
     9  use  immigration authorities as interpreters for law enforcement matters
    10  relating to individuals under the supervision of such agency or  depart-
    11  ment.
    12    12.  The  provisions  of  this section shall not prohibit employees of
    13  probation agencies or departments from sending or receiving  information
    14  regarding  an  individual's citizenship or immigration status to or from
    15  any local, state, or federal agency.
    16    13. The provisions  of  this  section  shall  not  prohibit  probation
    17  departments or their employees from complying with valid court orders or
    18  judicial  warrants  issued by an independent judge appointed pursuant to
    19  Article III of the United  States  constitution  or  federal  magistrate
    20  judge appointed pursuant to 28 USC § 631.
    21    14.  The  provisions  of  this section shall apply notwithstanding any
    22  other provisions of state or local law and shall not be construed to  in
    23  any way expand the authority of state and local law enforcement officers
    24  to participate in immigration enforcement.
    25    §  4.  The  executive  law is amended by adding a new article 15-AA to
    26  read as follows:
    27                                ARTICLE 15-AA
    28         RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
    29  Section 319.   Definitions.
    30          319-a. Restrictions on immigration enforcement by state  employ-
    31                   ees.
    32    § 319. Definitions. As used in this article, the following terms shall
    33  have the following meanings:
    34    1.  "State  entity" means: any agency under the executive authority of
    35  the governor; any agency for which the governor appoints the commission-
    36  er or highest ranking employee; any public benefit  corporation,  public
    37  authority,  board,  or  commission  for  which the governor appoints the
    38  chief executive or a  majority  of  the  board  members;  any  division,
    39  department,  or  office  regulated under this chapter; the department of
    40  education and any public school district or  charter  school,  division,
    41  office, or institution under the supervision of the department of educa-
    42  tion; all offices defined in article one of the public officers law; the
    43  department  of civil service or any of its civil divisions as defined in
    44  article one of the civil service law; and any contractor while  perform-
    45  ing services on behalf of the state.
    46    2. "State employee" means any individual employed by: any agency under
    47  the executive authority of the governor; any agency for which the gover-
    48  nor  appoints  the  commissioner or highest ranking employee; any public
    49  benefit corporation, public authority, board, or  commission  for  which
    50  the  governor  appoints  the  chief executive or a majority of the board
    51  members; any division, department, or office regulated under this  chap-
    52  ter; the department of education and any public school district or char-
    53  ter  school,  division,  office, or institution under the supervision of
    54  the department of education; all offices defined in article one  of  the
    55  public officers law; the department of civil service or any of its civil

        S. 2235--B                          6
 
     1  divisions  as  defined  in  article one of the civil service law; or any
     2  contractor while performing services on behalf of the state.
     3    3.  For  the purposes of this section, the terms "immigration authori-
     4  ties",  "immigration  enforcement",  "immigration   law",   "immigration
     5  detainer" and "civil immigration warrant" shall have the same meaning as
     6  defined in section 1.20 of the criminal procedure law.
     7    §  319-a.  Restrictions on immigration enforcement by state employees.
     8  1. No state employee shall use state resources, including but not limit-
     9  ed to time spent while on duty or any state  property,  for  immigration
    10  enforcement purposes.
    11    2.  No  state  entity  or state employee shall disclose to immigration
    12  authorities an individual's personally identifiable information, includ-
    13  ing, but not limited to, a person's name, social security number,  phys-
    14  ical description, home address, telephone number, financial information,
    15  medical information, place of employment or education.
    16    3.  No  state  entity or state employee shall inquire about a person's
    17  citizenship, immigration status,  nationality,  or  country  of  origin,
    18  unless  required  by  law or necessary to administer a public program or
    19  benefit sought by that person.
    20    4. No state entity or state employee shall collect information about a
    21  person's citizenship, immigration status,  nationality,  or  country  of
    22  origin,  unless  required  by  law  or  necessary to administer a public
    23  program or benefit sought by such person.
    24    5.  No state entity or state employee shall question, investigate,  or
    25  interrogate  an individual solely on the basis of an immigration detain-
    26  er, a civil immigration warrant, or an actual or suspected violation  of
    27  immigration law.
    28    6.  No state entity or state employee shall permit non-local civil law
    29  enforcement agencies to access non-public areas of property  or  facili-
    30  ties  owned by or under the control of the state unless presented with a
    31  judicial warrant signed by a judge or independent magistrate authorizing
    32  a search or seeking the arrest of an individual present at the time  the
    33  judicial warrant is presented.
    34    7.  No  state  entity  or  state employee shall enter a person's immi-
    35  gration status into any database maintained by any state  entity  unless
    36  required  or  necessary to administer a public program or benefit sought
    37  by that person.
    38    8. No state entity or state employee shall use immigration authorities
    39  as interpreters for law enforcement matters relating to individuals such
    40  entities or employees interact with as part of their employment duties.
    41    9. All requests for assistance  made  by  immigration  authorities  to
    42  state  entities  or state employees acting in the course of their duties
    43  and all other communications between  state  employees  and  immigration
    44  authorities  shall  be  recorded.  Each state entity whose employees are
    45  subject to this section shall issue an annual report listing the  number
    46  of  such  requests or communications and stating the content and outcome
    47  of each request or communication, which shall be promptly  delivered  to
    48  the office of the attorney general and which shall be a public record.
    49    10.  This  section  shall not prohibit state employees from sending or
    50  receiving information regarding an  individual's  citizenship  or  immi-
    51  gration status to or from any local, state, or federal agency.
    52    11.  The provisions of this article shall not prohibit state employees
    53  from complying with valid court orders or judicial warrants issued by an
    54  independent judge appointed pursuant to Article III of the United States
    55  constitution or federal magistrate judge appointed pursuant to 28 USC  §
    56  631.

        S. 2235--B                          7
 
     1    12.  The  provisions  of  this article shall apply notwithstanding any
     2  other provisions of state or local law and shall not be construed to  in
     3  any  way expand the authority of state employees to participate in immi-
     4  gration enforcement.
     5    § 5. The general municipal law is amended by adding a new article 19-D
     6  to read as follows:
     7                                ARTICLE 19-D
     8       DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
     9                         TO IMMIGRATION ENFORCEMENT
    10  Section 996. Restriction  on  use  of  local  resources  for immigration
    11                 enforcement.
    12    § 996. Restriction on use of local resources for immigration  enforce-
    13  ment.  (a)  For  the  purposes  of  this section, the terms "immigration
    14  authorities", "immigration enforcement", "immigration law", "immigration
    15  detainer" and "civil immigration warrant" shall have the same meaning as
    16  defined in section 1.20 of the criminal procedure law.
    17    (b) No resources of any municipal corporation shall  be  utilized  for
    18  immigration enforcement. For the purposes of this subdivision, resources
    19  of  a  municipal  corporation shall include, but not be limited to, time
    20  spent by the municipal corporation's employees,  officers,  contractors,
    21  or  subcontractors  while  on  duty  and the use of any municipal corpo-
    22  ration's property.
    23    (c) No municipal corporation, nor any employee thereof, shall disclose
    24  to  immigration  authorities  an  individual's  personally  identifiable
    25  information,  including  but  not  limited to such person's name, social
    26  security number, physical description, any associated  addresses,  tele-
    27  phone  number,  financial  information, medical information, or place of
    28  employment or education.
    29    (d) No municipal corporation, nor any employee  thereof,  shall  ques-
    30  tion, investigate, or interrogate an individual on the basis of an immi-
    31  gration detainer, a civil immigration warrant, or an actual or suspected
    32  violation of immigration law.
    33    (e)  No municipal corporation, nor any employee thereof, shall inquire
    34  about a person's citizenship, immigration status, nationality, or  coun-
    35  try  of  origin,  unless  required  by  law or necessary to administer a
    36  public program or benefit sought by such person.
    37    (f) No municipal corporation nor any employee thereof,  shall  collect
    38  information about a person's citizenship, immigration status, nationali-
    39  ty,  or country of origin, unless required by law or necessary to admin-
    40  ister a public program or benefit sought by such person.
    41    (g) No municipal corporation, nor any employee thereof, shall enter  a
    42  person's  immigration status into any database maintained by any munici-
    43  pal corporation unless required or  necessary  to  administer  a  public
    44  program or benefit sought by such person.
    45    (h)  No  municipal corporation, nor any employee thereof, shall permit
    46  non-local civil law enforcement agencies to access non-public  areas  of
    47  property  or  facilities under the control of such municipal corporation
    48  unless presented with a judicial warrant signed by a judge or  independ-
    49  ent magistrate authorizing a search or seeking the arrest of an individ-
    50  ual present at the time the judicial warrant is presented.
    51    (i)  No  municipal  corporation,  nor  any employee thereof, shall use
    52  immigration authorities as  interpreters  for  law  enforcement  matters
    53  relating  to  individuals such corporation or employees interact with as
    54  part of their employment duties.
    55    (j) All requests for assistance made by immigration authorities to law
    56  enforcement agencies within a municipal corporation and all other commu-

        S. 2235--B                          8

     1  nications between law enforcement officers  within  a  municipal  corpo-
     2  ration  and  immigration  authorities  shall be recorded. Each municipal
     3  corporation shall issue an annual report  listing  the  number  of  such
     4  requests  or  communications and stating the content and outcome of each
     5  request or communication, which  shall  be  promptly  delivered  to  the
     6  office of the attorney general and which shall be a public record.
     7    (k)  This  section shall not prohibit municipal employees from sending
     8  or receiving information regarding an individual's citizenship or  immi-
     9  gration status to or from any local, state, or federal agency.
    10    (l) The provisions of this article shall not prohibit municipal corpo-
    11  rations  or  their  employees  from complying with valid court orders or
    12  judicial warrants issued by an independent judge appointed  pursuant  to
    13  Article  III  of  the  United  States constitution or federal magistrate
    14  judge appointed pursuant to 28 USC § 631, or from complying  with  valid
    15  writs of habeas corpus ad prosequendum or habeas corpus ad testificandum
    16  issued by a state court with the authority to do so pursuant to sections
    17  580.30  and  650.30  of the criminal procedure law upon application by a
    18  district attorney.
    19    (m) The provisions of this article  shall  apply  notwithstanding  any
    20  other  provisions of state or local law and shall not be construed to in
    21  any way expand the authority of state and local employees to participate
    22  in immigration enforcement.
    23    § 6. The education law is amended by adding a new article 25  to  read
    24  as follows:
    25                                 ARTICLE 25
    26           DUTIES OF EDUCATIONAL AGENCIES AND THEIR EMPLOYEES AND
    27              CONTRACTORS PERTAINING TO IMMIGRATION ENFORCEMENT
    28  Section 1300. Definitions.
    29          1301. Restriction on collection and disclosure of student data.
    30          1302. Duties   of   educational  agencies  and  their  employees
    31                  pertaining to immigration enforcement.
    32    § 1300. Definitions. As used in this article the following terms shall
    33  have the following meanings:
    34    1. "Educational agency" shall have the same definition as  in  section
    35  two-d  of  this  title and shall also include charter schools subject to
    36  the provisions of article fifty-six of this chapter.
    37    2. "School" shall have the same definition as in section two-d of this
    38  title and shall also include charter schools subject to  the  provisions
    39  of article fifty-six of this chapter.
    40    3.  "Higher  education  agency" shall mean any college, university, or
    41  postsecondary educational institution within the state university of New
    42  York, city university of New York, and its affiliate senior and communi-
    43  ty colleges, or other institutions receiving state financial  assistance
    44  or with tuition assistance program eligible students.
    45    4.  "School  employee" means any individual employed by an educational
    46  agency.
    47    5. "School safety personnel" means  any  law  enforcement  officer  or
    48  public  or  private  security personnel, including school resource offi-
    49  cers, employed, contracted, or  otherwise  retained  by  an  educational
    50  agency.
    51    6.  "Third-party  contractor"  shall  have  the  same definition as in
    52  section two-d of this title.
    53    7. "Directory information", as applied to student data, means directo-
    54  ry information as defined in section 99.3 of title  thirty-four  of  the
    55  code  of  federal regulations implementing the family educational rights

        S. 2235--B                          9
 
     1  and privacy act, section twelve hundred thirty-two-g of title twenty  of
     2  the United States code.
     3    8.  "Personally identifiable information". as applied to student data,
     4  shall have the same definition as in section two-d of this title.
     5    9. "School property" shall mean school property as defined in  section
     6  twenty-eight hundred one of this chapter.
     7    10.  "Campus  property"  shall mean all buildings, structures, facili-
     8  ties, and grounds owned, leased, or operated by a higher education agen-
     9  cy institution, including but not limited to classrooms,  administrative
    10  offices,  libraries, laboratories, student centers, athletic facilities,
    11  parking areas, and any dormitory, residence hall,  apartment,  or  other
    12  student  housing facility owned, leased, or operated by the institution,
    13  whether located on or off campus and accessible only by students, facul-
    14  ty, staff, and personnel employed by the higher education agency.
    15    11. For the purposes of this section, the terms "immigration  authori-
    16  ties"  or  "immigration  enforcement"  shall  have  the  same meaning as
    17  defined in section 1.20 of the criminal procedure law.
    18    § 1301. Restriction on collection and disclosure of student  data.  1.
    19  (a)  No  educational  agency,  higher education agency, school employee,
    20  school safety personnel, or third-party contractor shall collect  infor-
    21  mation about a person's citizenship, immigration status, nationality, or
    22  country  of  origin, unless required by law or necessary to administer a
    23  public program or benefit sought by such person.
    24    (b) Within one hundred eighty days  of  the  effective  date  of  this
    25  section,  all educational agencies shall review their directory informa-
    26  tion policies to ensure that they do not include  information  that  may
    27  inadvertently disclose a student or parent's immigration status, includ-
    28  ing  place  of birth, nationality, or passport information, and make any
    29  necessary changes to comply with the provisions of this subdivision.
    30    (c) Within one hundred eighty days  of  the  effective  date  of  this
    31  section,  all  educational  agencies  shall  review  their  current data
    32  collection practices to determine whether any information  collected  by
    33  the  district  could  unnecessarily disclose a student or parent's immi-
    34  gration status and whether collection of the information is required.
    35    2. (a) No educational agency, higher education agency, school  employ-
    36  ee,  school  safety  personnel, or third-party contractor shall disclose
    37  either a student's personally identifiable  information  or  information
    38  that  either  reveals  or  would  tend to reveal a student's immigration
    39  status, including but not limited to, nationality or place of birth,  to
    40  immigration authorities.
    41    (b)  In  the  event  that  immigration authorities request a student's
    42  personally identifiable information, the educational agency shall  imme-
    43  diately notify the student's parents or guardians.
    44    (c)  All  educational  agencies  shall develop a protocol in the event
    45  that immigration authorities request student data.
    46    (d) All higher education agencies shall  develop  a  protocol  in  the
    47  event  that  immigration  authorities  request student data, including a
    48  student's residential or campus dormitory information.
    49    3. All requests for student data made by  immigration  authorities  to
    50  educational  agencies,  higher  education  agencies,  school  employees,
    51  school safety personnel, or third-party contractors shall  be  recorded.
    52  Each  educational agency and higher education agency whose employees are
    53  subject to this section shall issue an annual report listing the  number
    54  of  such requests or communication, which shall be promptly delivered to
    55  the office of  the  attorney  general  and  the  chief  privacy  officer

        S. 2235--B                         10
 
     1  appointed  pursuant  to  subdivision two of section two-d of this title.
     2  This annual report shall be a public record.
     3    4. This section shall not prohibit educational agency employees, high-
     4  er educational agency employees, school employees, school safety person-
     5  nel,  or  third-party  contractors from sending or receiving information
     6  regarding an individual's citizenship or immigration status to  or  from
     7  any local, state, or federal agency.
     8    5. The provisions of this article shall not prohibit educational agen-
     9  cy  employees,  higher  education  agency  employees,  school employees,
    10  school safety personnel, or third-party contractors from complying  with
    11  valid  court  orders or judicial warrants issued by an independent judge
    12  appointed pursuant to article III of the United States  constitution  or
    13  federal magistrate judge appointed pursuant to 28 USC § 631.
    14    6.  Within  one  hundred  eighty  days  of  the effective date of this
    15  section, the commissioner, in consultation with the chief privacy  offi-
    16  cer,  shall  promulgate  regulations to enforce this section and develop
    17  one or more model policies for use by educational  agencies  and  higher
    18  education  agencies. Such regulations shall include guidelines on devel-
    19  oping a protocol in the event that  immigration  authorities  request  a
    20  student's personally identifiable information, training requirements for
    21  higher  education  agency  employees, school employees and school safety
    22  personnel, and any additional requirements for third-party  contractors.
    23  Following  promulgation  of  such  regulations,  each educational agency
    24  shall update its existing data security and  privacy  policy  to  ensure
    25  that it is consistent with state and federal law.
    26    7.  (a) For the purposes of this section, the duties, protections, and
    27  prohibitions set forth herein shall also apply to institutions of higher
    28  education, including the city university  of  New  York  and  the  state
    29  university  of  New  York. Such institutions shall be deemed educational
    30  agencies under the general supervision of the board of regents  and  the
    31  commissioner.
    32    (b)  No  provision  in  this section shall be construed to diminish or
    33  impair the independent governance authority of the boards of trustees of
    34  the city university of New York or the state university of New York.
    35    (c) The obligations described in this section shall further extend  to
    36  all  property owned, leased, or operated by such institutions, including
    37  dormitories, residential  facilities,  and  other  campus-affiliated  or
    38  campus-adjacent areas under their jurisdiction.
    39    §  1302. Duties of educational agencies and their employees pertaining
    40  to immigration enforcement. 1. No educational agency,  higher  education
    41  agency,   school  employee,  school  safety  personnel,  or  third-party
    42  contractor shall  inquire  about  a  person's  citizenship,  immigration
    43  status,  nationality,  or  country  of origin, unless required by law or
    44  necessary to administer a public  program  or  benefit  sought  by  such
    45  person,  including  if the information sought is protected by the attor-
    46  ney-client privilege. No such agency, employee, personnel, or contractor
    47  shall investigate an individual regarding their immigration status.
    48    2. (a) No educational agency, higher education school employee, school
    49  safety personnel, or third-party contractor shall permit non-local civil
    50  law enforcement to access non-public areas of school property and campus
    51  property unless presented with a judicial warrant signed by a  judge  or
    52  independent  magistrate authorizing a search or seeking the arrest of an
    53  individual present at the time the judicial warrant is presented.
    54    (b) In the event that non-local civil law enforcement seek  to  detain
    55  or  interrogate  a  student,  the educational agency or higher education

        S. 2235--B                         11
 
     1  agency shall immediately notify the student's parents  or  guardians  or
     2  emergency contact.
     3    (c)  All  educational  agencies  and  higher  education agencies shall
     4  develop a protocol in the event that  non-local  civil  law  enforcement
     5  seek  to access non-public areas of school property or seek to detain or
     6  interrogate a student in the custody of the school district.
     7    3. All requests for assistance  made  by  immigration  authorities  to
     8  educational  agencies,  higher  education  agencies,  school  employees,
     9  school safety personnel, or third-party contractors acting in the course
    10  of their duties and all other communications between these parties shall
    11  be recorded. Each educational agency and higher education  agency  shall
    12  issue  an  annual  report listing the number of each request or communi-
    13  cation and stating the content and outcome of each request  or  communi-
    14  cation,  which shall be promptly delivered to the office of the attorney
    15  general and which shall be a public record.
    16    4. The provisions of this article shall not prohibit  state  employees
    17  from complying with valid court orders or judicial warrants issued by an
    18  independent judge appointed pursuant to Article III of the United States
    19  constitution  or federal magistrate judge appointed pursuant to 28 USC §
    20  631.
    21    5. (a) The commissioner shall promulgate regulations to  enforce  this
    22  section  and  develop  one or more model policies for use by educational
    23  agencies.
    24    (b) Such regulations shall include guidelines on developing a protocol
    25  in the event that immigration  authorities  seek  to  access  non-public
    26  areas  of  school property or seek to detain or interrogate a student in
    27  the custody of the school district.
    28    (c) Such regulations shall include training  requirements  for  school
    29  employees  and  school  safety personnel and any additional requirements
    30  for third-party contractors.
    31    (d) Such regulations shall also establish guidelines for incorporating
    32  policies and procedures to safeguard the rights of undocumented students
    33  into educational agencies' contracts or memoranda of understanding  with
    34  law  enforcement  as  required  by section twenty-eight hundred one-a of
    35  this chapter.
    36    6. Following the promulgation of the regulations established  pursuant
    37  to subdivision five of this section, each educational agency shall adopt
    38  a  district  policy that complies with state law and regulations. If the
    39  educational agency employs, contracts with, or otherwise  retains  local
    40  law  enforcement  or public or private security personnel, it shall also
    41  revise its written contract or memorandum of understanding in accordance
    42  with the commissioner's regulations.
    43    7. (a) The duties, protections, and prohibitions  set  forth  in  this
    44  section  shall also apply to institutions of higher education, including
    45  the city university of New York and the state university  of  New  York.
    46  Such institutions shall be deemed educational agencies under the general
    47  supervision of the board of regents and the commissioner.
    48    (b)  No  provision  in  this section shall be construed to diminish or
    49  impair the independent governance authority of the boards of trustees of
    50  the city university of New York or the state university of New York.
    51    (c) Such boards shall, however, issue guidance to ensure that institu-
    52  tional policies, protocols, and agreements comply with the provisions of
    53  this section and any regulations promulgated pursuant thereto.
    54    (d) The obligations described in this section shall further extend  to
    55  all  property owned, leased, or operated by such institutions, including

        S. 2235--B                         12
 
     1  dormitories, residential  facilities,  and  other  campus-affiliated  or
     2  campus-adjacent areas under their jurisdiction.
     3    § 7. Subdivision 1 of section 3625 of the education law, as amended by
     4  section  11-a of part A of chapter 56 of the laws of 2022, is amended to
     5  read as follows:
     6    1. Form of transportation contracts. Every contract for transportation
     7  of school children shall be in writing or in an electronic form approved
     8  by the commissioner when available, and before such  contract  is  filed
     9  with  the department as required by subdivision two of this section, the
    10  same shall be submitted for approval to the superintendent of schools of
    11  said district and such contract shall not be approved and filed by  such
    12  superintendent  unless [he or she] they shall first investigate the same
    13  with particular reference to the type of conveyance, the  character  and
    14  ability of the driver, the routes over which the conveyances shall trav-
    15  el, the time schedule, and such other matters as in the judgement of the
    16  superintendent are necessary for the comfort and protection of the chil-
    17  dren while being transported to and from school. Every such contract for
    18  transportation  of  children shall contain an agreement upon the part of
    19  the contractor that the vehicle shall come to a full stop before  cross-
    20  ing  the  track  or tracks of any railroad and before crossing any state
    21  highway.  Such contract shall also contain an agreement upon the part of
    22  the contractor that such contractor  will  comply  with  the  district's
    23  policies  regarding  communication  and  coordination  with  immigration
    24  authorities as required by article twenty-five of this chapter.  Failure
    25  to so comply shall be grounds for termination of the contract.
    26    §  8.  Section  500-c of the correction law is amended by adding a new
    27  subdivision 4-a to read as follows:
    28    4-a. (a) The chief administrative officer shall not, by formal  agree-
    29  ment or otherwise, allow any officer or employee of a county correction-
    30  al facility to be subject to the direction or supervision of immigration
    31  authorities, as defined in section 1.20 of the criminal procedure law.
    32    (b)  The  chief administrative officer shall ensure that no officer or
    33  employee of a county correctional facility spends time while on duty  or
    34  uses  correctional  facility  resources  for immigration enforcement, as
    35  defined in section 1.20 of the criminal procedure law.
    36    (c) All requests for assistance made  by  immigration  authorities  to
    37  county  jails or their officers acting in the course of their duties and
    38  all other communications between corrections personnel  and  immigration
    39  authorities  shall  be  recorded. The chief administrative officer shall
    40  produce an annual report listing all such  requests  and  communications
    41  and  stating  the content and outcome of request or communication, which
    42  shall be promptly delivered to the office of the  attorney  general  and
    43  which shall be a public record.
    44    § 9. Section 147 of the correction law is REPEALED.
    45    § 10. Section 500-f of the correction law is REPEALED.
    46    §  11.  Section  621  of the correction law is amended by adding a new
    47  subdivision 3 to read as follows:
    48    3. This section shall not be construed to permit any  law  enforcement
    49  officer or agency of this state or its subdivisions to participate in or
    50  assist  with  immigration enforcement, as defined in section 1.20 of the
    51  criminal procedure law.    All  law  enforcement  officers  or  agencies
    52  furnishing  information  to agencies of other jurisdictions shall obtain
    53  from the recipient agency a certification that such information will not
    54  be used for immigration enforcement.
    55    § 12. The executive law is amended by adding a  new  section  63-e  to
    56  read as follows:

        S. 2235--B                         13
 
     1    § 63-e. Immigration status reports and databases. 1. The office of the
     2  attorney  general  shall  review  all reports provided to it pursuant to
     3  article fifteen-AA of this chapter, article nineteen-D  of  the  general
     4  municipal  law,  and  article  twenty  of  the  correction law and shall
     5  prepare an annual summary of such reports, which shall also identify any
     6  alleged  omissions  or discrepancies in the reported information and any
     7  information that may indicate a violation of  state  law.  Such  summary
     8  shall be a public record.
     9    2.  The  attorney  general  shall  establish  a  system to solicit and
    10  receive complaints from the public about improper use  of  resources  by
    11  state  or  local  entities  or employees for immigration enforcement and
    12  improper sharing of information by state or local entities or  employees
    13  with immigration authorities. The attorney general shall investigate all
    14  such  complaints to determine whether a violation of state law occurred,
    15  and may bring civil actions against state or local entities or employees
    16  acting in their official capacity in the name of the people of the state
    17  of New York to obtain appropriate equitable or declaratory relief if the
    18  attorney general determines that a violation of state law occurred.
    19    3. For any databases operated by state and local law enforcement agen-
    20  cies, including databases maintained for the agency by private  vendors,
    21  the attorney general shall, by the first of January following the effec-
    22  tive  date  of this section, in consultation with appropriate stakehold-
    23  ers, publish guidance,  audit  criteria,  and  training  recommendations
    24  aimed  at  ensuring  that  such  databases are governed in a manner that
    25  limits the availability of information contained therein, to the fullest
    26  extent practicable and consistent with federal and state law, to  anyone
    27  or any entity for the purpose of immigration enforcement.  All state and
    28  local law enforcement agencies are encouraged to adopt necessary changes
    29  to database governance policies consistent with such guidance.
    30    §  13.  Subdivision  1  of  section  17  of the public officers law is
    31  amended by adding a new paragraph (aa) to read as follows:
    32    (aa) For purposes of this section, the term "employee"  shall  include
    33  all  current  or  former employees of the state, the state university of
    34  New York, the city university of New York; all current or former employ-
    35  ees of any county, city, town, village, municipality, special  district,
    36  improvement  district, community college, public authority, public bene-
    37  fit corporation, board  of  cooperative  educational  services  (BOCES),
    38  vocational  education and extension board, school district enumerated in
    39  section one of chapter five hundred sixty-six of the  laws  of  nineteen
    40  hundred  sixty-seven,  public school district, participating employer in
    41  the New York state and local retirement system,  participating  employer
    42  in the New York state teachers' retirement system, participating employ-
    43  er  in  the  New  York  city employees' retirement system, participating
    44  employer in the New York city police pension fund, participating employ-
    45  er in the New York city fire pension fund, participating employer in the
    46  teachers' retirement system of New York city, and participating employer
    47  in the New York city board  of  education  retirement  system,  that  is
    48  alleged  to  have  criminally or civilly violated any federal, state, or
    49  local law in connection with or resulting  from  their  compliance  with
    50  article  one  hundred  forty-five of the criminal procedure law, section
    51  two hundred fifty-six-b of the executive law, article fifteen-AA of  the
    52  executive  law, article nineteen-D of the general municipal law, section
    53  five hundred-c of the correction law, subdivision three of  section  six
    54  hundred  twenty-one  of  the correction law, or section sixty-three-e of
    55  the executive law, within the  scope  of  their  employment  or  duties,
    56  provided  that  nothing  in  this section shall be construed to apply to

        S. 2235--B                         14
 
     1  acts in violation of the provisions of law referenced in  this  subdivi-
     2  sion.
     3    §  14. This act shall take effect immediately; provided, however, that
     4  the amendments to section 500-c of the correction law  made  by  section
     5  eight  of this act shall not affect the repeal of such section and shall
     6  be deemed repealed therewith.
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