senate Bill S5960

Prohibits detention of individuals based only on the violation of federal immigration laws

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 21 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Prohibits detention of individuals based only on the violation of federal immigration laws.

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Bill Details

Versions:
S5960
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §844, Exec L

Sponsor Memo

BILL NUMBER:S5960

TITLE OF BILL: An act to create the Dignity for Immigrants in New
York State Act; and to amend the executive law, in relation to
prohibiting state and local law enforcement agencies from detaining
individuals based only on the violation of federal immigration laws

PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits the detaining of immigrants on the basis of a
United States Immigration and Customs Enforcement (ICE) hold after
that individual becomes eligible for release from custody, unless, at
the time that the individual becomes eligible for release from
custody, certain conditions are met, including, among other things,
that the individual has been convicted of specified crimes.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill says that law enforcement agencies in the
state shall not detain individuals on the basis of an ICE hold after
that individual becomes eligible for release from custody, unless, the
individual has been convicted of a violent felony or that person, in
the last five years, has been convicted of certain enumerated
misdemeanors.

JUSTIFICATION:

To operate the Secure Communities program, whenever ICE identifies
immigrants in local police custody who are potentially subject to
deportation, ICE issues a hold or detainer to local law enforcement
who then holds individuals in local jails for additional time beyond
when they would be eligible for release in a criminal matter. Unlike
criminal detainers, which are supported by a warrant and require
probable cause, a request for a detainer through the Secure
Communities program does not require a warrant and does not require an
established standard of proof, such as reasonable suspicion or
probable cause.

Under Secure Communities, individuals may be held and transferred into
immigration detention without regard to whether the arrest is the
result of a mistake, or merely a routine practice of questioning
individuals involved in a dispute without pressing charges. The Secure
Communities program hinders community policing efforts as immigrant
residents who are victims of, or witnesses to crime, including
domestic violence, are less likely to report a crime or cooperate with
law enforcement when they are fearful that any contact with law
enforcement could result in deportation. This act will ensure concerns
about public safety, which is the primary concern of local law
enforcement, is prioritized above concerns of immigration status,
which is a uniquely federal responsibility.

The Secure Communities program has erroneously placed detainers on
United States citizens, as well as immigrants who are not deportable.
In fact, fewer than 10 percent of detainers under the Secure
Communities program actually targeted people who are considered a
threat to public safety and national security. This legislation would
ensure that New York State joins other states like California and


Connecticut as leaders in immigrant rights and that New York State no
longer wastes its limited resources on complying with requests by
immigration officials to detain people who are not dangerous criminals
or national security threats.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

Undetermined, however this will likely be a cost savings for the state
as they are currently not reimbursed by the federal government for the
full cost of responding to the Secure Communities program.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5960

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 21, 2013
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to create the Dignity for Immigrants in New York State  Act;  and
  to amend the executive law, in relation to prohibiting state and local
  law  enforcement agencies from detaining individuals based only on the
  violation of federal immigration laws

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act shall be known and may be cited as the "Dignity
for Immigrants in New York State Act".
  S 2. The executive law is amended by adding a new section 844 to  read
as follows:
  S  844.  DETAINMENT  FOR  VIOLATION OF FEDERAL IMMIGRATION LAWS. A LAW
ENFORCEMENT AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
SHALL  NOT  DETAIN  PERSONS  OTHERWISE ELIGIBLE FOR RELEASE FROM CUSTODY
WHOSE ONLY VIOLATION OF LAW IS THAT THEY ARE PERSONS OF FOREIGN CITIZEN-
SHIP WHO HAVE ENTERED OR ARE RESIDING IN THE UNITED STATES IN  VIOLATION
OF FEDERAL IMMIGRATION LAWS IN TITLE 8 OF THE UNITED STATES CODE; UNLESS
SUCH PERSON HAS BEEN CONVICTED OF A VIOLENT FELONY OFFENSE AS DEFINED IN
SECTION  70.02  OF THE PENAL LAW OR CONVICTED WITHIN THE PAST FIVE YEARS
OF ANY OF THE FOLLOWING MISDEMEANORS: 1. ASSAULT IN THE THIRD DEGREE  AS
DEFINED  IN SECTION 120.00 OF THE PENAL LAW; 2. RECKLESS ENDANGERMENT IN
THE SECOND DEGREE AS DEFINED IN SECTION 120.20  OF  THE  PENAL  LAW;  3.
SEXUAL  MISCONDUCT  AS  DEFINED  IN  SECTION 130.20 OF THE PENAL LAW; 4.
FORCIBLE TOUCHING AS DEFINED IN SECTION 130.52  OF  THE  PENAL  LAW;  5.
SEXUAL  ABUSE  IN  THE SECOND DEGREE AS DEFINED IN SECTION 130.60 OF THE
PENAL LAW; 6. KILLING OR INJURING A POLICE ANIMAL AS DEFINED IN  SECTION
195.06  OF  THE  PENAL LAW; 7. HARMING AN ANIMAL TRAINED TO AID A PERSON
WITH A DISABILITY IN THE FIRST DEGREE AS DEFINED IN  SECTION  195.12  OF
THE  PENAL LAW; 8. UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE AS DEFINED
IN SECTION 135.05 OF THE PENAL LAW; 9.  ENDANGERING  THE  WELFARE  OF  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11921-05-3

S. 5960                             2

CHILD AS DEFINED IN SECTION 260.10 OF THE PENAL LAW; 10. ENDANGERING THE
WELFARE  OF  AN  INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE SECOND
DEGREE AS DEFINED IN SECTION 260.24 OF THE PENAL LAW.
  S 3. This act shall take effect immediately.

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