Provides that any requirement that undocumented immigrants who are seeking asylum in the United States be sheltered in a certain locality or localities shall only apply to those towns, cities, and counties that opt-in to such requirement through the adoption of a local law or ordinance; defines the term "sheltered" as including, but not limited to, being temporarily or permanently placed into housing, dwelling, or living quarters by a state or local governmental entity.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5653
SPONSOR: Barclay TITLE OF BILL:
An act to amend the executive law, in relation to local opt-in of
migrant housing
PURPOSE OR GENERAL IDEA OF BILL:;
This bill would correct any ambiguity in current law by clarifying that
undocumented immigrants seeking asylum in New York States shall only be
provided shelter in towns, cities and counties that opt-in to an agree-
ment to provide such shelter.
Localities without such a law or ordinance in place shall not be
expected or required to shelter undocumented immigrants
SUMMARY OF PROVISIONS:
The Executive Law is amended by adding a new section 29-L, which
requires that undocumented immigrants seeking asylum in the United
States shall only be.sheltered in localities that have adopted a local
law or ordinance, expressly agreeing to provide such housing
JUSTIFICATION:
The United States has a long history of accepting immigrants who have
come to this nation for a better life. Unfortunately, recent federal
immigration policy has resulted in an overflow of individuals entering
the country, failing those it aims to support.
The influx of over 100,000 "asylum seekers" into New York City and
throughout the state has created a crisis. Communities lack the funding
necessary to provide housing, education and essentials to such a large
number of migrants.
This bill seeks to relieve any uncertainty over the applicability of
"Right to Shelter" laws, by clarifying that such laws will exist only in
localities that have adopted a local law or ordinance. Localities with-
out such a law or ordinance in place shall not be expected or required
to shelter undocumented immigrants.
PRIOR LEGISLATIVE HISTORY:
A8034 of 2023-24-Held for consideration in Local Governments
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
5653
2025-2026 Regular Sessions
IN ASSEMBLY
February 19, 2025
___________
Introduced by M. of A. BARCLAY, REILLY, BRABENEC, MORINELLO, WALSH,
PALMESANO, PIROZZOLO, HAWLEY, JENSEN, McDONOUGH, FRIEND, E. BROWN,
SMITH, GANDOLFO, K. BROWN, ANGELINO, SLATER, MIKULIN, SIMPSON, TAGUE,
GRAY, GALLAHAN, DeSTEFANO, DURSO, BEEPHAN, BENDETT, MILLER, MANKTELOW,
MAHER -- read once and referred to the Committee on Local Governments
AN ACT to amend the executive law, in relation to local opt-in of
migrant housing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 29-l
2 to read as follows:
3 § 29-l. Local opt-in of migrant housing; municipal control and
4 preemption. 1. Notwithstanding any contrary provision of law, rule,
5 regulation or executive order, any requirement that undocumented immi-
6 grants who are seeking asylum in the United States be sheltered in a
7 certain locality or localities shall only apply to those towns, cities,
8 and counties that opt-in to such requirement through the adoption of a
9 local law or ordinance. Moreover, no locality shall seek or attempt to
10 shelter undocumented immigrants who are seeking asylum in the United
11 States in a town, city, or county that has not expressly agreed to do so
12 through the adoption of local law or ordinance.
13 2. For the purpose of this section, the term "sheltered" shall
14 include, but not be limited to, being temporarily or permanently placed
15 into housing, dwelling, or living quarters by a state or local govern-
16 mental entity.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05148-01-5
