S T A T E O F N E W Y O R K
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6747
2009-2010 Regular Sessions
I N A S S E M B L Y
March 12, 2009
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Introduced by M. of A. BALL, WALKER, TOBACCO, TOWNSEND, McDONOUGH --
Multi-Sponsored by -- M. of A. MOLINARO -- read once and referred to
the Committee on Codes
AN ACT to amend the executive law, in relation to an agreement under the
federal illegal immigration reform and immigrant responsibility act
regarding criminal aliens
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 844 to
read as follows:
S 844. AGREEMENT UNDER THE FEDERAL ILLEGAL IMMIGRATION REFORM AND
IMMIGRANT RESPONSIBILITY ACT REGARDING CRIMINAL ALIENS. 1. LEGISLATIVE
INTENT. THE LEGISLATURE HEREBY DETERMINES AND DECLARES THAT: NEW YORK-
ERS AND MOST AMERICANS ARE DESCENDANTS OF IMMIGRANTS FROM ALL REGIONS OF
THE WORLD AND NEW YORK CONTINUES TO WELCOME NEW IMMIGRANTS WHO LEGALLY
SEEK THE OPPORTUNITIES THAT THE STATE, ITS ECONOMY AND ITS RESOURCES
OFFER; CONGRESS AND THE PRESIDENT HAVE BEEN UNABLE TO RESOLVE THE PROB-
LEM OF ILLEGAL IMMIGRATION, LEAVING THE STATES TO DEAL WITH THE CONSE-
QUENCES OF 11 TO 20 MILLION ILLEGAL IMMIGRANTS RESIDING IN THE UNITED
STATES; THE PRESENCE OF SIGNIFICANT NUMBERS OF PEOPLE ILLEGALLY RESIDING
IN THE STATE CREATES A BURDEN ON THE RESOURCES OF STATE AND LOCAL HUMAN
SERVICES, LAW ENFORCEMENT AGENCIES, EDUCATIONAL INSTITUTIONS AND OTHER
GOVERNMENTAL INSTITUTIONS, AND DIMINISHES OPPORTUNITIES FOR CITIZENS AND
LEGAL IMMIGRANTS; IN 1996 CONGRESS AMENDED THE IMMIGRATION AND NATIONAL-
ITY ACT, 8 U.S.C. S 1373(C), TO ALLOW GOVERNMENT ENTITIES OR OFFICIALS
TO SEND TO OR RECEIVE FROM THE IMMIGRATION AND NATURALIZATION SERVICE
INFORMATION REGARDING THE CITIZENSHIP OR IMMIGRATION STATUS, LAWFUL OR
UNLAWFUL, OF ANY INDIVIDUAL AND THE FEDERAL GOVERNMENT ESTABLISHED THE
E-VERIFY PROGRAM TO HELP EMPLOYERS ELECTRONICALLY VERIFY THE EMPLOYMENT
ELIGIBILITY OF NEW HIRES AND THE VALIDITY OF THEIR SOCIAL SECURITY
NUMBERS; THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06043-01-9
A. 6747 2
(IIRAIRA) ADDED SECTION 287(G), PERFORMANCE OF IMMIGRATION OFFICER FUNC-
TIONS BY STATE OFFICERS AND EMPLOYEES, TO THE IMMIGRATION AND NATIONALI-
TY ACT (INA), AND AUTHORIZES THE SECRETARY OF THE FEDERAL DEPARTMENT OF
HOMELAND SECURITY TO ENTER INTO AGREEMENTS WITH STATE AND LOCAL LAW
ENFORCEMENT AGENCIES, PERMITTING DESIGNATED OFFICERS TO PERFORM IMMI-
GRATION LAW ENFORCEMENT FUNCTIONS PURSUANT TO A MEMORANDUM OF AGREEMENT,
PROVIDED THAT THE LOCAL LAW ENFORCEMENT OFFICERS RECEIVED APPROPRIATE
TRAINING AND FUNCTION UNDER THE SUPERVISION OF SWORN U.S. IMMIGRATION
AND CUSTOMS ENFORCEMENT OFFICERS; AND LAW ENFORCEMENT CAN MORE EFFEC-
TIVELY COMBAT CRIMINAL ACTIVITY RELATED TO ILLEGAL IMMIGRATION IF FEDER-
AL, STATE AND LOCAL AUTHORITIES WORK ON A COOPERATIVE BASIS.
2. AGREEMENT. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE ATTORNEY GENERAL SHALL ENTER INTO A MEMORANDUM OF AGREEMENT
WITH THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT TO IMPLEMENT
THE PROVISIONS OF SECTION 287(G) OF THE FEDERAL ILLEGAL IMMIGRATION
REFORM AND IMMIGRANT RESPONSIBILITY ACT (IIRAIRA). THE MEMORANDUM OF
AGREEMENT SHALL CONTAIN BUT NOT BE LIMITED TO THE FOLLOWING PROVISIONS:
A. TO ALLOW ALL POLICE OFFICERS AND PEACE OFFICERS TO RECEIVE APPRO-
PRIATE TRAINING AND FUNCTIONS UNDER THE SUPERVISION OF IMMIGRATION AND
CUSTOMS ENFORCEMENT.
B. THE IMPLEMENTATIONS OF THE AGREEMENT SHALL BE DIRECTED AT RESIDENT
CRIMINAL ALIENS AND ABSCONDERS AT-LARGE WITHIN THE STATE AND ALSO ALIENS
INCARCERATED IN ANY CORRECTIONAL FACILITY WITHIN THE STATE.
C. EVERY SHERIFF'S DEPARTMENT SHALL PARTICIPATE IN THE TRAINING IN
THIS SECTION AND SHALL DESIGNATE A MINIMUM NUMBER OF ITS STAFF TO
RECEIVE SUCH TRAINING. ALL COSTS OF THE TRAINING PROGRAM NOT FUNDED BY
THE FEDERAL GOVERNMENT SHALL BE BORNE BY THE STATE.
D. THE MEMORANDUM OF AGREEMENT SHALL INCLUDE REQUIREMENTS TO LIMIT
INCARCERATION COSTS ASSOCIATED WITH CRIMINAL ALIENS.
E. THE MEMORANDUM OF AGREEMENT SHALL REQUIRE THE DEPARTMENT OF CORREC-
TIONAL SERVICES TO TAKE STEPS TO INSURE DEPORTABLE CRIMINAL ALIENS ARE
RELEASED ONLY INTO CUSTODY OF THE FEDERAL GOVERNMENT.
F. THE MEMORANDUM OF AGREEMENT SHALL REQUEST IMMIGRATION AND CUSTOMS
ENFORCEMENT TO SEARCH ON A MONTHLY BASIS THE REGISTERED SEX OFFENDER
REGISTRY FOR THE PURPOSE OF LOCATING FOR DEPORTMENT CRIMINAL ALIEN SEX
OFFENDERS.
G. THE MEMORANDUM OF AGREEMENT SHALL CONTAIN PROVISIONS PROHIBITING
ANY LOCAL MUNICIPALITY FROM PASSING "SANCTUARY LAWS" THAT INHIBIT LOCAL
POLICE AUTHORITIES FROM CONTACTING IMMIGRATION AND CUSTOMS ENFORCEMENT
WHEN THEY TAKE CUSTODY OF AN ILLEGAL ALIEN.
H. THE MEMORANDUM OF AGREEMENT SHALL PROHIBIT LEGISLATION THAT
PRECLUDES ANY LOCAL LAW ENFORCEMENT AGENCY FROM PARTICIPATING IN THE
TRAINING PROGRAM SET FORTH IN THIS SECTION.
I. THE DIVISION SHALL REGISTER AND USE THE FEDERAL GOVERNMENT'S E-VER-
IFY PROGRAM TO ELECTRONICALLY VERIFY THE EMPLOYMENT ELIGIBILITY OF NEW
HIRES IN THE EXECUTIVE DEPARTMENT AND THE VALIDITY OF THEIR SOCIAL SECU-
RITY NUMBERS TO ENSURE THAT ALL EMPLOYEES OF THE EXECUTIVE DEPARTMENT
ARE LEGALLY ELIGIBLE TO BE EMPLOYED IN THE UNITED STATES AND TAKE APPRO-
PRIATE ACTION AGAINST THOSE THAT ARE NOT ELIGIBLE FOR EMPLOYMENT,
CONSISTENT WITH FEDERAL AND STATE LAW. FOR PURPOSES OF THIS SECTION, THE
EXECUTIVE DEPARTMENT IS CONSIDERED TO BE ALL AGENCIES AND DEPARTMENTS IN
THE EXECUTIVE BRANCH, EXCLUDING THE OFFICES OF GENERAL OFFICERS, SAID
OFFICERS BEING THE DEPARTMENT OF LAW, LIEUTENANT GOVERNOR, SECRETARY OF
STATE AND COMPTROLLER.
J. THE DIVISION SHALL REQUIRE THAT ALL PERSONS AND BUSINESSES, INCLUD-
ING GRANTEES, CONTRACTORS AND THEIR SUBCONTRACTORS AND VENDORS DOING
A. 6747 3
BUSINESS WITH THE STATE ALSO REGISTER WITH AND UTILIZE THE SERVICES OF
THE E-VERIFY PROGRAM TO ENSURE COMPLIANCE WITH FEDERAL AND STATE LAW.
K. THE EXECUTIVE DEPARTMENT SHALL ATTEMPT TO NOTIFY ANY PERSON WHOSE
IDENTITY WAS STOLEN OR OTHERWISE IMPROPERLY USED BY ANY PERSON IN ORDER
TO RECEIVE ANY BENEFIT, INCLUDING BUT NOT LIMITED TO CHILD CARE, HEALTH
CARE, ANY GOVERNMENT ISSUED IDENTIFICATION CARD, INCLUDING DRIVER'S
LICENSE AND NON-DRIVER'S LICENSE IDENTIFICATION, WELFARE OR EMPLOYMENT.
L. THE STATE POLICE, PURSUANT TO THE AUTHORITY SET FORTH IN SECTION
287(G) OF IIRAIRA, SHALL WORK TO SECURE A MEMORANDUM OF AGREEMENT WITH
IMMIGRATION AND CUSTOMS ENFORCEMENT TO RECEIVE TRAINING NECESSARY TO
ENABLE THEM TO ASSIST IMMIGRATION AND CUSTOMS ENFORCEMENT PERSONNEL IN
THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
M. THE DEPARTMENT OF CORRECTIONAL SERVICES SHALL COOPERATE WITH IMMI-
GRATION AND CUSTOMS ENFORCEMENT OFFICIALS TO SECURE A MEMORANDUM OF
AGREEMENT THAT WILL DEFINE THE SCOPE OF STATE CORRECTIONAL PERSONNEL
AUTHORITY TO PERFORM CERTAIN IMMIGRATION LAW ENFORCEMENT FUNCTIONS WHICH
SHALL BE SUBJECT TO THE CROSS-SUPERVISION OF IMMIGRATION AND CUSTOMS
ENFORCEMENT AND PERMIT CERTAIN CORRECTIONAL PERSONNEL TO COMPLETE APPRO-
PRIATE TRAINING AND FUNCTION UNDER THE SUPERVISION OF SWORN IMMIGRATION
AND CUSTOMS ENFORCEMENT OFFICERS TO COMBAT ILLEGAL IMMIGRATION ISSUES AT
CORRECTIONAL INSTITUTIONS CONSISTENT WITH FEDERAL AND STATE LAW.
N. ALL LAW ENFORCEMENT OFFICIALS, INCLUDING STATE AND LOCAL LAW
ENFORCEMENT AGENCIES TAKE STEPS TO SUPPORT THE ENFORCEMENT OF FEDERAL
IMMIGRATION LAWS BY INVESTIGATING AND DETERMINING THE IMMIGRATION STATUS
OF ALL NON-CITIZENS TAKEN INTO CUSTODY, INCARCERATED, OR UNDER INVESTI-
GATION FOR ANY CRIME AND NOTIFYING FEDERAL AUTHORITIES OF ALL ILLEGAL
IMMIGRANTS DISCOVERED AS A RESULT OF SUCH INVESTIGATIONS.
O. THE MEMBERS OF THE STATE PAROLE BOARD AND THE DEPARTMENT OF CORREC-
TIONAL SERVICES SHALL COOPERATE WITH IMMIGRATION AND CUSTOMS ENFORCEMENT
TO PROVIDE FOR THE PAROLE AND DEPORTATION OF CRIMINAL ALIENS.
S 2. This act shall take effect immediately.