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

                                  6747

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

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.