S T A T E O F N E W Y O R K
________________________________________________________________________
2477
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
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Introduced by M. of A. CLARK, GABRYSZAK -- Multi-Sponsored by -- M. of
A. CALHOUN, COLTON, CROUCH, GALEF, GIGLIO, KOLB, MAISEL, MAYERSOHN,
McDONOUGH, THIELE, WEISENBERG -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to cooperation between
police agencies and the United States bureau of immigration and
customs enforcement
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 838-a
to read as follows:
S 838-A. COOPERATION BETWEEN POLICE AGENCIES AND THE UNITED STATES
BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT. 1. EVERY POLICE AGENCY
IN THE STATE AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHT HUNDRED
THIRTY-FIVE OF THIS ARTICLE, SHALL FULLY COOPERATE WITH THE UNITED
STATES BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT REGARDING ANY
PERSON WHO IS ARRESTED UNDER STATE LAW AND WHO IS REASONABLY SUSPECTED
OF BEING PRESENT IN THE UNITED STATES IN VIOLATION OF FEDERAL IMMI-
GRATION LAWS.
2. WITH RESPECT TO ANY SUCH PERSON WHO IS SO ARRESTED AND WHO IS
REASONABLY SUSPECTED OF BEING PRESENT IN THE UNITED STATES IN VIOLATION
OF FEDERAL IMMIGRATION LAWS, EVERY LAW ENFORCEMENT AGENCY SHALL DO THE
FOLLOWING:
(A) ATTEMPT TO VERIFY THE STATUS OF SUCH PERSON AS ONE OF THE FOLLOW-
ING:
(I) A CITIZEN OF THE UNITED STATES;
(II) AN ALIEN LAWFULLY ADMITTED AS A PERMANENT RESIDENT;
(III) AN ALIEN LAWFULLY ADMITTED FOR A TEMPORARY PERIOD OF TIME;
(IV) A PERSON WHO IS OTHERWISE AUTHORIZED UNDER FEDERAL LAW TO BE
PRESENT IN THE UNITED STATES; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06592-01-1
A. 2477 2
(V) AN ALIEN WHO IS PRESENT IN THE UNITED STATES IN VIOLATION OF
FEDERAL IMMIGRATION LAWS.
THE VERIFICATION PROCESS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO,
QUESTIONING THE PERSON REGARDING HIS PLACE AND DATE OF BIRTH AND ENTRY
INTO THE UNITED STATES AND REQUESTING TO SEE DOCUMENTATION INDICATING
HIS LEGAL STATUS.
(B) NOTIFY THE PERSON OF HIS SUSPECTED STATUS AS AN ALIEN WHO IS
PRESENT IN THE UNITED STATES IN VIOLATION OF FEDERAL IMMIGRATION LAWS.
(C) NOTIFY THE ATTORNEY GENERAL AND THE UNITED STATES BUREAU OF IMMI-
GRATION AND CUSTOMS ENFORCEMENT OF SUCH PERSON'S SUSPECTED ILLEGAL IMMI-
GRATION STATUS AND PROVIDE ANY ADDITIONAL INFORMATION THAT MAY BE
REQUESTED BY ANY OTHER PUBLIC ENTITY.
3. ANY LEGISLATIVE, ADMINISTRATIVE OR OTHER ACTION BY A CITY, COUNTY
OR OTHER LOCAL GOVERNMENTAL ENTITY, OR BY A LAW ENFORCEMENT AGENCY, TO
PREVENT OR LIMIT THE COOPERATION REQUIRED BY SUBDIVISION ONE OF THIS
SECTION SHALL BE PROHIBITED.
4. WHENEVER A STATE, CITY, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY
REPORTS A PERSON WHO IS SUSPECTED OF BEING PRESENT IN THE UNITED STATES
IN VIOLATION OF FEDERAL IMMIGRATION LAWS TO THE ATTORNEY GENERAL, THAT
REPORT SHALL BE TRANSMITTED TO THE UNITED STATES BUREAU OF IMMIGRATION
AND CUSTOMS ENFORCEMENT. THE ATTORNEY GENERAL SHALL BE RESPONSIBLE FOR
MAINTAINING COMPLETE AND ACCURATE RECORDS OF SUCH REPORTS, AND SHALL
PROVIDE ANY ADDITIONAL INFORMATION THAT MAY BE REQUESTED BY ANY OTHER
GOVERNMENT ENTITY.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.