Senate Bill S3234

                                BILL NUMBER:S3234

TITLE OF BILL:  An act to amend the executive law, in relation to
prohibiting state and local law enforcement agencies from enforcing
federal immigration laws

PURPOSE OR GENERAL IDEA OF BILL:  Limits law enforcement agencies from
investigating immigration statuses of individuals whose only violation
is of federal immigration laws in Title 8 of the United States code.

SUMMARY OF SPECIFIC PROVISION

Section 1. The executive law is amended by adding a new section 844 to
read as follows:

A law enforcement agency of the state or a political subdivision of
the state shall not use state funds, equipment, personnel or resources
or accept or utilize federal funds, equipment, personnel or resources
for the purpose of detecting or apprehending persons whose only
violation of law is that they are persons of foreign citizenship who
have entered or are residing in the United States in violation of
federal immigration laws in Title B of the United States code.

Section 2. This act shall take effect immediately.

JUSTIFICATION:  A September 29, 2010 letter to President Obama
              

respectfully requested the federal government end its attempt to merge
local law enforcement functions into enforcement of federal
immigration law. Among other arguments, the signatories, along with
the National Immigration Law Center, stated that when law enforcement
agencies are tasked with immigration duties, crime-reporting decreases
in immigrant communities, since victims and witnesses are motivated to
remain in the shadows rather than come forward and testify. Immigrants
learn to fear contact with the police, which means they are less
likely to cooperate in investigations. In addition, requiring police
to perform immigration duties diverts police attention from their
primary role of ensuring community safety. Once immigrants learn that
reporting crimes will result in a check of their own immigration
status, they are reluctant to call the police even when they are in
danger.

In addition, a 2006 study by the Congressional Research Service found
that there was "high risk for civil rights violations... if state and
local police do not obtain the requisite knowledge, training, and
experience in dealing with the enforcement of immigration laws.
Moreover, suspects of immigration violations may become victims of
'racial profiling'...."

The report went on to discuss that state and local law enforcement
should not be used to fund federal responsibilities. Such actions
would result in a reduction of resources available for the policing a
community which is the principal responsibility of these agencies.
Beyond the increased cost to the state and local enforcement there is
fear that this shift could lead to a de-emphasis on certain types of
criminal investigations in an effort to focus on enforcing immigration


law, which would divert law enforcement authorities' from their
primary duties.

PRIOR LEGISLATIVE HISTORY:  2011-12: S.3372 - Referred to Finance

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.