| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| May 27, 2022 | print number 2328b |
| May 27, 2022 | amend and recommit to ways and means |
| Jan 05, 2022 | referred to ways and means |
| Jun 01, 2021 | reported referred to rules |
| Apr 28, 2021 | print number 2328a |
| Apr 28, 2021 | amend and recommit to ways and means |
| Mar 09, 2021 | reported referred to ways and means |
| Jan 14, 2021 | referred to codes |
assembly Bill A2328B
2021-2022 Legislative Session
Prohibits and regulates the discovery and disclosure of immigration status; repealer
Sponsored By
REYES
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
-
view actions (8)
Co-Sponsors
Linda Rosenthal
Robert J. Rodriguez
David Weprin
Harvey Epstein
- view additional co-sponsors
Robert C. Carroll
Jo Anne Simon
Carmen De La Rosa
Al Taylor
Dan Quart
Phara Souffrant Forrest
Phil Steck
Catalina Cruz
Kenny Burgos
Khaleel Anderson
Marcela Mitaynes
Daniel O'Donnell
Jeffrey Dinowitz
Sarah Clark
Anna Kelles
Emily Gallagher
Steven Otis
Jessica Gonzalez-Rojas
J. Gary Pretlow
Rebecca Seawright
Zohran Mamdani
Jonathan Jacobson
Andrew Hevesi
Clyde Vanel
Chris Burdick
Charles Lavine
Richard Gottfried
Demond Meeks
Chantel Jackson
Fred Thiele
Multi-Sponsors
Vivian Cook
A2328 - Details
- See Senate Version of this Bill:
- S3076
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §1.20, add Art 145 §§145.05 - 145.60, CP L; add §§256-b & 63-e, Art 15-AA §§319 & 319-a, Exec L; add Art 19-C §995, Gen Muni L; amd §§500-c & 621, rpld §§147 & 500-f, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020: A9586, S7562
2023-2024: A5686, S987
A2328 - Summary
Prohibits and regulates the discovery and disclosure of immigration status; prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status; regulates the disclosure of information relating to immigration status.
A2328 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2328
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. REYES, L. ROSENTHAL, RODRIGUEZ, WEPRIN, EPSTEIN,
CARROLL, SIMON, DE LA ROSA, TAYLOR, QUART -- read once and referred to
the Committee on Codes
AN ACT to amend the criminal procedure law, the executive law, the
general municipal law and the correction law, in relation to prohibit-
ing and regulating the discovery and disclosure of immigration status;
and to repeal certain provisions of the correction law relating there-
to
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.20 of the criminal procedure law is amended by
adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows:
46. "IMMIGRATION AUTHORITIES" MEANS ANY OFFICER, EMPLOYEE, OR GOVERN-
MENT EMPLOYEE WHO IS RESPONSIBLE FOR ENFORCEMENT OF THE FEDERAL IMMI-
GRATION AND NATIONALITY ACT, INCLUDING ANY OFFICER OR AGENT OF UNITED
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR UNITED STATES CUSTOMS AND
BORDER PROTECTION.
47. "IMMIGRATION ENFORCEMENT" MEANS THE ENFORCEMENT OF ANY CIVIL
PROVISION OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT OR ANY
PROVISION OF LAW THAT PENALIZES A PERSON'S PRESENCE IN, ENTRY INTO, OR
REENTRY INTO THE UNITED STATES.
48. "IMMIGRATION LAW" MEANS ANY CIVIL PROVISION OF THE FEDERAL IMMI-
GRATION AND NATIONALITY ACT AND ANY PROVISION OF LAW THAT PENALIZES A
PERSON'S PRESENCE IN, ENTRY INTO, OR REENTRY INTO THE UNITED STATES.
49. "IMMIGRATION DETAINER" MEANS ANY DOCUMENT, FORM, OR OTHER COMMUNI-
CATION REQUESTING OR DIRECTING THAT A POLICE OFFICER, PEACE OFFICER, OR
GOVERNMENT ENTITY DETAIN OR MAINTAIN CUSTODY OF AN INDIVIDUAL, FOR ANY
PERIOD OF TIME, FOR PICKUP BY OR TRANSFER TO IMMIGRATION AUTHORITIES.
50. "CIVIL IMMIGRATION WARRANT" MEANS ANY WARRANT FOR A VIOLATION OF
CIVIL IMMIGRATION LAW THAT IS NOT ISSUED BY A JUDGE APPOINTED PURSUANT
TO ARTICLE III OF THE UNITED STATES CONSTITUTION OR A FEDERAL MAGISTRATE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03012-01-1
A. 2328 2
JUDGE APPOINTED PURSUANT TO 28 USC § 631, AND INCLUDES ANY WARRANT
ENTERED INTO THE NATIONAL CRIME INFORMATION CENTER DATABASE.
§ 2. The criminal procedure law is amended by adding a new article 145
to read as follows:
ARTICLE 145
PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
SECTION 145.05 DUTIES OF POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL
RESOURCE OFFICERS; IMMIGRATION.
145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
145.15 IMMIGRATION DETAINER; QUESTIONING, INVESTIGATION OR
INTERROGATION PROHIBITED.
145.20 INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITI-
ZENSHIP OR IMMIGRATION STATUS PROHIBITED.
145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
145.45 WRITTEN CONSENT FOR INTERVIEW.
145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
145.60 APPLICATION OF LAWS.
§ 145.05 DUTIES OF POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
OFFICERS; IMMIGRATION.
THE DUTIES AND AUTHORITY OF POLICE OFFICERS, PEACE OFFICERS, AND
SCHOOL RESOURCE OFFICERS SHALL NOT INCLUDE AUTHORITY TO ENGAGE IN IMMI-
GRATION ENFORCEMENT. POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL
RESOURCE OFFICERS SHALL NOT USE PUBLIC RESOURCES FOR IMMIGRATION
ENFORCEMENT.
§ 145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL BE
SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION AUTHORITIES. NO
POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL PARTIC-
IPATE IN OR BE SUBJECT TO ANY AGREEMENT FOR THE PURPOSE OF IMMIGRATION
ENFORCEMENT.
§ 145.15 IMMIGRATION DETAINER; QUESTIONING, INVESTIGATION OR INTERRO-
GATION PROHIBITED.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS
OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
SUSPECTED VIOLATION OF IMMIGRATION LAW.
§ 145.20 INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITIZENSHIP OR
IMMIGRATION STATUS PROHIBITED.
1. NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY,
OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
2. NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
COLLECT INFORMATION REGARDING CITIZENSHIP, IMMIGRATION STATUS, NATIONAL-
ITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
§ 145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
NOTIFY OR OTHERWISE COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING:
(I) THE DATE, TIME, OR LOCATION THAT AN INDIVIDUAL WILL BE RELEASED FROM
CUSTODY; (II) THE TIME, DATE, OR LOCATION OF AN INDIVIDUAL'S COURT
A. 2328 3
APPEARANCE; OR (III) ANY OTHER INFORMATION AVAILABLE TO POLICE OFFICERS,
PEACE OFFICERS, OR SCHOOL RESOURCE OFFICERS THROUGH OR AS A RESULT OF
SUCH EMPLOYMENT AS A POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE
OFFICER.
§ 145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
TRANSFER OR FACILITATE THE TRANSFER OF INDIVIDUALS IN HIS OR HER CUSTODY
TO THE CUSTODY OF IMMIGRATION AUTHORITIES ABSENT A VALID COURT ORDER OR
JUDICIAL WARRANT ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION OR FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631 COMMANDING THE ARREST OF SUCH
INDIVIDUAL.
§ 145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
ENTER A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
§ 145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL USE
IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
RELATING TO INDIVIDUALS BEING INTERVIEWED, INTERROGATED, INVESTIGATED,
OR TAKEN INTO CUSTODY.
§ 145.45 WRITTEN CONSENT FOR INTERVIEW.
1. IN ANY INSTANCE IN WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
ACCESS TO AN INDIVIDUAL IN THE CUSTODY OF A POLICE OFFICER, PEACE OFFI-
CER, OR SCHOOL RESOURCE OFFICER FOR THE PURPOSE OF BEING INTERVIEWED,
THE OFFICER SHALL PROVIDE THE INDIVIDUAL WITH A WRITTEN CONSENT FORM
THAT EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUN-
TARY, AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE TO
BE INTERVIEWED WITH HIS OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT
FORM SHALL BE PROVIDED IN ENGLISH, SPANISH, AND THE FIVE MOST WIDELY
SPOKEN LANGUAGES IN THE COUNTY WHERE THE OFFICER'S AGENCY OR DEPARTMENT
IS LOCATED.
2. AFTER PROVIDING AN INDIVIDUAL IN CUSTODY WITH A WRITTEN CONSENT
FORM PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AN OFFICER SHALL KEEP
A WRITTEN RECORD OF WHETHER THE INDIVIDUAL DECLINED AN INTERVIEW,
CONSENTED TO AN INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT THE
INTERVIEW, AND WHETHER AN INTERVIEW OCCURRED. THE OFFICE OR AGENCY
EMPLOYING SUCH OFFICER SHALL MAINTAIN ALL SUCH WRITTEN RECORDS AND SHALL
COMPILE AN ANNUAL SUMMARY IDENTIFYING THE NUMBER OF REQUESTS FOR INTER-
VIEWS RECEIVED AND WHETHER EACH INDIVIDUAL DECLINED THE INTERVIEW,
CONSENTED TO THE INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT
THE INTERVIEW, AND HOW MANY INTERVIEWS OCCURRED. SUCH SUMMARY SHALL NOT
INCLUDE THE PERSONALLY IDENTIFIABLE INFORMATION OF ANY INDIVIDUAL IN
CUSTODY, AND SHALL BE A PUBLIC RECORD.
§ 145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT POLICE OFFICERS,
PEACE OFFICERS, OR SCHOOL RESOURCE OFFICERS FROM SENDING OR RECEIVING
INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS
TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
§ 145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT OFFICERS FROM
COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS ISSUED BY AN
INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC §
631.
A. 2328 4
§ 145.60 APPLICATION OF LAWS.
THE PROVISIONS OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY OTHER
PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN ANY
WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO
PARTICIPATE IN IMMIGRATION ENFORCEMENT.
§ 3. The executive law is amended by adding a new section 256-b to
read as follows:
§ 256-B. DUTIES OF LOCAL PROBATION DEPARTMENTS REGARDING IMMIGRATION
ENFORCEMENT. 1. FOR THE PURPOSES OF THIS SECTION, THE TERMS "IMMI-
GRATION AUTHORITIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW",
"IMMIGRATION DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE
SAME MEANING AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
2. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY,
OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
3. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING A PERSON PRESENTLY OR
FORMERLY UNDER THE SUPERVISION OF SUCH AGENCY OR DEPARTMENT OR DISCLOSE
TO IMMIGRATION AUTHORITIES INFORMATION GAINED IN THE COURSE OF EMPLOY-
MENT OR AVAILABLE AS A RESULT OF EMPLOYMENT WITH SUCH AGENCY OR DEPART-
MENT.
4. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
COLLECT INFORMATION ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS,
NATIONALITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY
TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
5. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS
OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
SUSPECTED VIOLATION OF IMMIGRATION LAW.
6. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
PERMIT NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF
PROPERTY OR FACILITIES UNDER THE CONTROL OF SUCH AGENCY OR DEPARTMENT
UNLESS PRESENTED WITH A JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPEND-
ENT MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF AN INDIVID-
UAL PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
7. IN ANY INSTANCE IN WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
ACCESS TO AN INDIVIDUAL UNDER THE SUPERVISION OF A PROBATION AGENCY OR
DEPARTMENT FOR THE PURPOSE OF BEING INTERVIEWED, THE PROBATION AGENCY OR
DEPARTMENT SHALL PROVIDE THE INDIVIDUAL WITH A WRITTEN CONSENT FORM THAT
EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUNTARY,
AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE TO BE
INTERVIEWED WITH HIS OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT FORM
SHALL BE PROVIDED IN ENGLISH, SPANISH, AND THE FIVE MOST WIDELY SPOKEN
LANGUAGES IN THE COUNTY WHERE THE OFFICER'S AGENCY OR DEPARTMENT IS
LOCATED.
8. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
ENTER A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
9. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
INVESTIGATE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY.
10. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
INCLUDE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY IN COURT-
ORDERED REPORTS.
A. 2328 5
11. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
USE IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
RELATING TO INDIVIDUALS UNDER THE SUPERVISION OF SUCH AGENCY OR DEPART-
MENT.
12. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT EMPLOYEES OF
PROBATION AGENCIES OR DEPARTMENTS FROM SENDING OR RECEIVING INFORMATION
REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS TO OR FROM
ANY LOCAL, STATE, OR FEDERAL AGENCY.
13. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT PROBATION
DEPARTMENTS OR THEIR EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR
JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION OR FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631.
14. THE PROVISIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY
OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
TO PARTICIPATE IN IMMIGRATION ENFORCEMENT.
§ 4. The executive law is amended by adding a new article 15-AA to
read as follows:
ARTICLE 15-AA
RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
SECTION 319. DEFINITIONS.
319-A. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOY-
EES.
§ 319. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "STATE ENTITY" MEANS: ANY AGENCY UNDER THE EXECUTIVE AUTHORITY OF
THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVERNOR APPOINTS THE COMMISSION-
ER OR HIGHEST RANKING EMPLOYEE; ANY PUBLIC BENEFIT CORPORATION, PUBLIC
AUTHORITY, BOARD, OR COMMISSION FOR WHICH THE GOVERNOR APPOINTS THE
CHIEF EXECUTIVE OR A MAJORITY OF THE BOARD MEMBERS; ANY DIVISION,
DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAPTER; AND ANY CONTRACTOR
WHILE PERFORMING SERVICES ON BEHALF OF THE STATE.
2. "STATE EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED BY: ANY AGENCY UNDER
THE EXECUTIVE AUTHORITY OF THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVER-
NOR APPOINTS THE COMMISSIONER OR HIGHEST RANKING EMPLOYEE; ANY PUBLIC
BENEFIT CORPORATION, PUBLIC AUTHORITY, BOARD, OR COMMISSION FOR WHICH
THE GOVERNOR APPOINTS THE CHIEF EXECUTIVE OR A MAJORITY OF THE BOARD
MEMBERS; ANY DIVISION, DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAP-
TER; OR ANY CONTRACTOR WHILE PERFORMING SERVICES ON BEHALF OF THE STATE.
3. FOR THE PURPOSES OF THIS SECTION, THE TERMS "IMMIGRATION AUTHORI-
TIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW", "IMMIGRATION
DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
§ 319-A. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES.
1. NO STATE EMPLOYEE SHALL USE STATE RESOURCES, INCLUDING BUT NOT LIMIT-
ED TO TIME SPENT WHILE ON DUTY OR ANY STATE PROPERTY, FOR IMMIGRATION
ENFORCEMENT PURPOSES.
2. NO STATE ENTITY OR STATE EMPLOYEE SHALL DISCLOSE TO IMMIGRATION
AUTHORITIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE INFORMATION, INCLUD-
ING, BUT NOT LIMITED TO, A PERSON'S NAME, SOCIAL SECURITY NUMBER, PHYS-
ICAL DESCRIPTION, HOME ADDRESS, TELEPHONE NUMBER, FINANCIAL INFORMATION,
MEDICAL INFORMATION, PLACE OF EMPLOYMENT OR EDUCATION.
3. NO STATE ENTITY OR STATE EMPLOYEE SHALL INQUIRE ABOUT A PERSON'S
CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR COUNTRY OF ORIGIN,
A. 2328 6
UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR
BENEFIT SOUGHT BY THAT PERSON.
4. NO STATE ENTITY OR STATE EMPLOYEE SHALL COLLECT INFORMATION ABOUT A
PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR COUNTRY OF
ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
5. NO STATE ENTITY OR STATE EMPLOYEE SHALL QUESTION, INVESTIGATE, OR
INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS OF AN IMMIGRATION DETAIN-
ER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED VIOLATION OF
IMMIGRATION LAW.
6. NO STATE ENTITY OR STATE EMPLOYEE SHALL PERMIT NON-LOCAL LAW
ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPERTY OR FACILI-
TIES OWNED BY OR UNDER THE CONTROL OF THE STATE UNLESS PRESENTED WITH A
JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPENDENT MAGISTRATE AUTHORIZING
A SEARCH OR SEEKING THE ARREST OF AN INDIVIDUAL PRESENT AT THE TIME THE
JUDICIAL WARRANT IS PRESENTED.
7. NO STATE ENTITY OR STATE EMPLOYEE SHALL ENTER A PERSON'S IMMI-
GRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY STATE ENTITY UNLESS
REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT
BY THAT PERSON.
8. NO STATE ENTITY OR STATE EMPLOYEE SHALL USE IMMIGRATION AUTHORITIES
AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS RELATING TO INDIVIDUALS SUCH
ENTITIES OR EMPLOYEES INTERACT WITH AS PART OF THEIR EMPLOYMENT DUTIES.
9. ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO
STATE ENTITIES OR STATE EMPLOYEES ACTING IN THE COURSE OF THEIR DUTIES
AND ALL OTHER COMMUNICATIONS BETWEEN STATE EMPLOYEES AND IMMIGRATION
AUTHORITIES SHALL BE RECORDED. EACH STATE ENTITY WHOSE EMPLOYEES ARE
SUBJECT TO THIS SECTION SHALL ISSUE AN ANNUAL REPORT LISTING THE NUMBER
OF SUCH REQUESTS OR COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME
OF EACH REQUEST OR COMMUNICATION, WHICH SHALL BE PROMPTLY DELIVERED TO
THE OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
10. THIS SECTION SHALL NOT PROHIBIT STATE EMPLOYEES FROM SENDING OR
RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMI-
GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
11. THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT STATE EMPLOYEES
FROM COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS ISSUED BY AN
INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC §
631.
12. THE PROVISIONS OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY
OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
ANY WAY EXPAND THE AUTHORITY OF STATE EMPLOYEES TO PARTICIPATE IN IMMI-
GRATION ENFORCEMENT.
§ 5. The general municipal law is amended by adding a new article 19-C
to read as follows:
ARTICLE 19-C
DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
TO IMMIGRATION ENFORCEMENT
SECTION 995. RESTRICTION ON USE OF LOCAL RESOURCES FOR IMMIGRATION
ENFORCEMENT.
§ 995. RESTRICTION ON USE OF LOCAL RESOURCES FOR IMMIGRATION ENFORCE-
MENT. (A) FOR THE PURPOSES OF THIS SECTION, THE TERMS "IMMIGRATION
AUTHORITIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW", "IMMIGRATION
DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
A. 2328 7
(B) NO RESOURCES OF ANY MUNICIPAL CORPORATION SHALL BE UTILIZED FOR
IMMIGRATION ENFORCEMENT. FOR THE PURPOSES OF THIS SUBDIVISION, RESOURCES
OF A MUNICIPAL CORPORATION SHALL INCLUDE, BUT NOT BE LIMITED TO, TIME
SPENT BY THE MUNICIPAL CORPORATION'S EMPLOYEES, OFFICERS, CONTRACTORS,
OR SUBCONTRACTORS WHILE ON DUTY AND THE USE OF ANY MUNICIPAL CORPO-
RATION'S PROPERTY.
(C) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL DISCLOSE
TO IMMIGRATION AUTHORITIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE
INFORMATION, INCLUDING BUT NOT LIMITED TO SUCH PERSON'S NAME, SOCIAL
SECURITY NUMBER, PHYSICAL DESCRIPTION, ANY ASSOCIATED ADDRESSES, TELE-
PHONE NUMBER, FINANCIAL INFORMATION, MEDICAL INFORMATION, OR PLACE OF
EMPLOYMENT OR EDUCATION.
(D) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL QUES-
TION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL ON THE BASIS OF AN IMMI-
GRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED
VIOLATION OF IMMIGRATION LAW.
(E) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL INQUIRE
ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR COUN-
TRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A
PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
(F) NO MUNICIPAL CORPORATION NOR ANY EMPLOYEE THEREOF, SHALL COLLECT
INFORMATION ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALI-
TY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
(G) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL ENTER A
PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY MUNICI-
PAL CORPORATION UNLESS REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
(H) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL PERMIT
NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPER-
TY OR FACILITIES UNDER THE CONTROL OF SUCH MUNICIPAL CORPORATION UNLESS
PRESENTED WITH A JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPENDENT
MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF AN INDIVIDUAL
PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
(I) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL USE
IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
RELATING TO INDIVIDUALS SUCH CORPORATION OR EMPLOYEES INTERACT WITH AS
PART OF THEIR EMPLOYMENT DUTIES.
(J) ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO LAW
ENFORCEMENT AGENCIES WITHIN A MUNICIPAL CORPORATION AND ALL OTHER COMMU-
NICATIONS BETWEEN LAW ENFORCEMENT OFFICERS WITHIN A MUNICIPAL CORPO-
RATION AND IMMIGRATION AUTHORITIES SHALL BE RECORDED. EACH MUNICIPAL
CORPORATION SHALL ISSUE AN ANNUAL REPORT LISTING THE NUMBER OF SUCH
REQUESTS OR COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME OF EACH
REQUEST OR COMMUNICATION, WHICH SHALL BE PROMPTLY DELIVERED TO THE
OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
(K) THIS SECTION SHALL NOT PROHIBIT MUNICIPAL EMPLOYEES FROM SENDING
OR RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMI-
GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
(L) THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT MUNICIPAL CORPO-
RATIONS OR THEIR EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR
JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION OR FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631.
(M) THE PROVISIONS OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY
OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
A. 2328 8
ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL EMPLOYEES TO PARTICIPATE
IN IMMIGRATION ENFORCEMENT.
§ 6. Section 500-c of the correction law is amended by adding a new
subdivision 4-a to read as follows:
4-A. (A) THE CHIEF ADMINISTRATIVE OFFICER SHALL NOT, BY FORMAL AGREE-
MENT OR OTHERWISE, ALLOW ANY OFFICER OR EMPLOYEE OF A COUNTY CORRECTION-
AL FACILITY TO BE SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION
AUTHORITIES, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
(B) THE CHIEF ADMINISTRATIVE OFFICER SHALL ENSURE THAT NO OFFICER OR
EMPLOYEE OF A COUNTY CORRECTIONAL FACILITY SPENDS TIME WHILE ON DUTY OR
USES CORRECTIONAL FACILITY RESOURCES FOR IMMIGRATION ENFORCEMENT, AS
DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
(C) ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO
COUNTY JAILS OR THEIR OFFICERS ACTING IN THE COURSE OF THEIR DUTIES AND
ALL OTHER COMMUNICATIONS BETWEEN CORRECTIONS PERSONNEL AND IMMIGRATION
AUTHORITIES SHALL BE RECORDED. THE CHIEF ADMINISTRATIVE OFFICER SHALL
PRODUCE AN ANNUAL REPORT LISTING ALL SUCH REQUESTS AND COMMUNICATIONS
AND STATING THE CONTENT AND OUTCOME OF REQUEST OR COMMUNICATION, WHICH
SHALL BE PROMPTLY DELIVERED TO THE OFFICE OF THE ATTORNEY GENERAL AND
WHICH SHALL BE A PUBLIC RECORD.
§ 7. Section 147 of the correction law is REPEALED.
§ 8. Section 500-f of the correction law is REPEALED.
§ 9. Section 621 of the correction law is amended by adding a new
subdivision 3 to read as follows:
3. THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY LAW ENFORCEMENT
OFFICER OR AGENCY OF THIS STATE OR ITS SUBDIVISIONS TO PARTICIPATE IN OR
ASSIST WITH IMMIGRATION ENFORCEMENT, AS DEFINED IN SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW. ALL LAW ENFORCEMENT OFFICERS OR AGENCIES
FURNISHING INFORMATION TO AGENCIES OF OTHER JURISDICTIONS SHALL OBTAIN
FROM THE RECIPIENT AGENCY A CERTIFICATION THAT SUCH INFORMATION WILL NOT
BE USED FOR IMMIGRATION ENFORCEMENT.
§ 10. The executive law is amended by adding a new section 63-e to
read as follows:
§ 63-E. IMMIGRATION STATUS REPORTS AND DATABASES. 1. THE OFFICE OF THE
ATTORNEY GENERAL SHALL REVIEW ALL REPORTS PROVIDED TO IT PURSUANT TO
ARTICLE FIFTEEN-AA OF THIS CHAPTER, ARTICLE NINETEEN-C OF THE GENERAL
MUNICIPAL LAW, AND ARTICLE TWENTY OF THE CORRECTION LAW AND SHALL
PREPARE AN ANNUAL SUMMARY OF SUCH REPORTS, WHICH SHALL ALSO IDENTIFY ANY
ALLEGED OMISSIONS OR DISCREPANCIES IN THE REPORTED INFORMATION AND ANY
INFORMATION THAT MAY INDICATE A VIOLATION OF STATE LAW. SUCH SUMMARY
SHALL BE A PUBLIC RECORD.
2. THE ATTORNEY GENERAL SHALL ESTABLISH A SYSTEM TO SOLICIT AND
RECEIVE COMPLAINTS FROM THE PUBLIC ABOUT IMPROPER USE OF RESOURCES BY
STATE OR LOCAL ENTITIES OR EMPLOYEES FOR IMMIGRATION ENFORCEMENT AND
IMPROPER SHARING OF INFORMATION BY STATE OR LOCAL ENTITIES OR EMPLOYEES
WITH IMMIGRATION AUTHORITIES. THE ATTORNEY GENERAL SHALL INVESTIGATE ALL
SUCH COMPLAINTS TO DETERMINE WHETHER A VIOLATION OF STATE LAW OCCURRED,
AND MAY BRING CIVIL ACTIONS AGAINST STATE OR LOCAL ENTITIES OR EMPLOYEES
ACTING IN THEIR OFFICIAL CAPACITY IN THE NAME OF THE PEOPLE OF THE STATE
OF NEW YORK TO OBTAIN APPROPRIATE EQUITABLE OR DECLARATORY RELIEF IF THE
ATTORNEY GENERAL DETERMINES THAT A VIOLATION OF STATE LAW OCCURRED.
3. FOR ANY DATABASES OPERATED BY STATE AND LOCAL LAW ENFORCEMENT AGEN-
CIES, INCLUDING DATABASES MAINTAINED FOR THE AGENCY BY PRIVATE VENDORS,
THE ATTORNEY GENERAL SHALL, BY JANUARY FIRST, TWO THOUSAND TWENTY-TWO IN
CONSULTATION WITH APPROPRIATE STAKEHOLDERS, PUBLISH GUIDANCE, AUDIT
CRITERIA, AND TRAINING RECOMMENDATIONS AIMED AT ENSURING THAT SUCH DATA-
A. 2328 9
BASES ARE GOVERNED IN A MANNER THAT LIMITS THE AVAILABILITY OF INFORMA-
TION CONTAINED THEREIN, TO THE FULLEST EXTENT PRACTICABLE AND CONSISTENT
WITH FEDERAL AND STATE LAW, TO ANYONE OR ANY ENTITY FOR THE PURPOSE OF
IMMIGRATION ENFORCEMENT. ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES
ARE ENCOURAGED TO ADOPT NECESSARY CHANGES TO DATABASE GOVERNANCE POLI-
CIES CONSISTENT WITH SUCH GUIDANCE.
§ 11. This act shall take effect immediately; provided, however, that
the amendments to section 500-c of the correction law made by section
six of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
Co-Sponsors
Linda Rosenthal
Robert J. Rodriguez
David Weprin
Harvey Epstein
- view additional co-sponsors
Robert C. Carroll
Jo Anne Simon
Al Taylor
Dan Quart
Phara Souffrant Forrest
Phil Steck
Catalina Cruz
Kenny Burgos
Khaleel Anderson
Marcela Mitaynes
Daniel O'Donnell
Jeffrey Dinowitz
Sarah Clark
Anna Kelles
Emily Gallagher
Steven Otis
Jessica Gonzalez-Rojas
J. Gary Pretlow
Rebecca Seawright
Zohran Mamdani
Jonathan Jacobson
Andrew Hevesi
Clyde Vanel
Chris Burdick
Charles Lavine
Richard Gottfried
Demond Meeks
Chantel Jackson
Fred Thiele
N. Nick Perry
Maritza Davila
Philip Ramos
Latrice Walker
Nathalia Fernandez
Yuh-Line Niou
Kimberly Jean-Pierre
Deborah Glick
Latoya Joyner
Amy Paulin
Yudelka Tapia
Michaelle C. Solages
Harry B. Bronson
Jen Lunsford
Patricia Fahy
Manny De Los Santos
Inez E. Dickens
Brian Cunningham
Jose Rivera
Alicia Hyndman
Ron Kim
Jonathan Rivera
Multi-Sponsors
Vivian Cook
A2328A - Details
- See Senate Version of this Bill:
- S3076
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §1.20, add Art 145 §§145.05 - 145.60, CP L; add §§256-b & 63-e, Art 15-AA §§319 & 319-a, Exec L; add Art 19-C §995, Gen Muni L; amd §§500-c & 621, rpld §§147 & 500-f, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020: A9586, S7562
2023-2024: A5686, S987
A2328A - Summary
Prohibits and regulates the discovery and disclosure of immigration status; prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status; regulates the disclosure of information relating to immigration status.
A2328A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2328--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. REYES, L. ROSENTHAL, RODRIGUEZ, WEPRIN, EPSTEIN,
CARROLL, SIMON, DE LA ROSA, TAYLOR, QUART, FORREST, STECK, CRUZ,
BURGOS, ANDERSON, MITAYNES, O'DONNELL, DINOWITZ, CLARK, KELLES,
GALLAGHER, OTIS, GONZALEZ-ROJAS, PRETLOW, SEAWRIGHT, MAMDANI, JACOB-
SON, HEVESI, VANEL, BURDICK, LAVINE, GOTTFRIED, MEEKS, JACKSON, THIELE
-- Multi-Sponsored by -- M. of A. COOK -- read once and referred to
the Committee on Codes -- reported and referred to the Committee on
Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, the executive law, the
general municipal law and the correction law, in relation to prohibit-
ing and regulating the discovery and disclosure of immigration status;
and to repeal certain provisions of the correction law relating there-
to
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.20 of the criminal procedure law is amended by
adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows:
46. "IMMIGRATION AUTHORITIES" MEANS ANY OFFICER, EMPLOYEE, OR GOVERN-
MENT EMPLOYEE WHO IS RESPONSIBLE FOR ENFORCEMENT OF THE FEDERAL IMMI-
GRATION AND NATIONALITY ACT, INCLUDING ANY OFFICER OR AGENT OF UNITED
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR UNITED STATES CUSTOMS AND
BORDER PROTECTION.
47. "IMMIGRATION ENFORCEMENT" MEANS THE ENFORCEMENT OF ANY CIVIL
PROVISION OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT OR ANY
PROVISION OF LAW THAT PENALIZES A PERSON'S PRESENCE IN, ENTRY INTO, OR
REENTRY INTO THE UNITED STATES.
48. "IMMIGRATION LAW" MEANS ANY CIVIL PROVISION OF THE FEDERAL IMMI-
GRATION AND NATIONALITY ACT AND ANY PROVISION OF LAW THAT PENALIZES A
PERSON'S PRESENCE IN, ENTRY INTO, OR REENTRY INTO THE UNITED STATES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03012-02-1
A. 2328--A 2
49. "IMMIGRATION DETAINER" MEANS ANY DOCUMENT, FORM, OR OTHER COMMUNI-
CATION REQUESTING OR DIRECTING THAT A POLICE OFFICER, PEACE OFFICER, OR
GOVERNMENT ENTITY DETAIN OR MAINTAIN CUSTODY OF AN INDIVIDUAL, FOR ANY
PERIOD OF TIME, FOR PICKUP BY OR TRANSFER TO IMMIGRATION AUTHORITIES.
50. "CIVIL IMMIGRATION WARRANT" MEANS ANY WARRANT FOR A VIOLATION OF
CIVIL IMMIGRATION LAW THAT IS NOT ISSUED BY A JUDGE APPOINTED PURSUANT
TO ARTICLE III OF THE UNITED STATES CONSTITUTION OR A FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631, AND INCLUDES ANY WARRANT
ENTERED INTO THE NATIONAL CRIME INFORMATION CENTER DATABASE.
§ 2. The criminal procedure law is amended by adding a new article 145
to read as follows:
ARTICLE 145
PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
SECTION 145.05 DUTIES OF POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL
RESOURCE OFFICERS; IMMIGRATION.
145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
145.15 IMMIGRATION DETAINER; QUESTIONING, INVESTIGATION OR
INTERROGATION PROHIBITED.
145.20 INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITI-
ZENSHIP OR IMMIGRATION STATUS PROHIBITED.
145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
145.45 WRITTEN CONSENT FOR INTERVIEW.
145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
145.60 APPLICATION OF LAWS.
§ 145.05 DUTIES OF POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
OFFICERS; IMMIGRATION.
THE DUTIES AND AUTHORITY OF POLICE OFFICERS, PEACE OFFICERS, AND
SCHOOL RESOURCE OFFICERS SHALL NOT INCLUDE AUTHORITY TO ENGAGE IN IMMI-
GRATION ENFORCEMENT. POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL
RESOURCE OFFICERS SHALL NOT USE PUBLIC RESOURCES FOR IMMIGRATION
ENFORCEMENT.
§ 145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL BE
SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION AUTHORITIES. NO
POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL PARTIC-
IPATE IN OR BE SUBJECT TO ANY AGREEMENT FOR THE PURPOSE OF IMMIGRATION
ENFORCEMENT.
§ 145.15 IMMIGRATION DETAINER; QUESTIONING, INVESTIGATION OR INTERRO-
GATION PROHIBITED.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS
OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
SUSPECTED VIOLATION OF IMMIGRATION LAW.
§ 145.20 INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITIZENSHIP OR
IMMIGRATION STATUS PROHIBITED.
1. NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY,
OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
2. NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
COLLECT INFORMATION REGARDING CITIZENSHIP, IMMIGRATION STATUS, NATIONAL-
A. 2328--A 3
ITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
§ 145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
NOTIFY OR OTHERWISE COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING:
(I) THE DATE, TIME, OR LOCATION THAT AN INDIVIDUAL WILL BE RELEASED FROM
CUSTODY; (II) THE TIME, DATE, OR LOCATION OF AN INDIVIDUAL'S COURT
APPEARANCE; OR (III) ANY OTHER INFORMATION AVAILABLE TO POLICE OFFICERS,
PEACE OFFICERS, OR SCHOOL RESOURCE OFFICERS THROUGH OR AS A RESULT OF
SUCH EMPLOYMENT AS A POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE
OFFICER.
§ 145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
TRANSFER OR FACILITATE THE TRANSFER OF INDIVIDUALS IN HIS OR HER CUSTODY
TO THE CUSTODY OF IMMIGRATION AUTHORITIES ABSENT A VALID COURT ORDER OR
JUDICIAL WARRANT ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION OR FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631 COMMANDING THE ARREST OF SUCH
INDIVIDUAL.
§ 145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
ENTER A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
§ 145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL USE
IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
RELATING TO INDIVIDUALS BEING INTERVIEWED, INTERROGATED, INVESTIGATED,
OR TAKEN INTO CUSTODY.
§ 145.45 WRITTEN CONSENT FOR INTERVIEW.
1. IN ANY INSTANCE IN WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
ACCESS TO AN INDIVIDUAL IN THE CUSTODY OF A POLICE OFFICER, PEACE OFFI-
CER, OR SCHOOL RESOURCE OFFICER FOR THE PURPOSE OF BEING INTERVIEWED,
THE OFFICER SHALL PROVIDE THE INDIVIDUAL WITH A WRITTEN CONSENT FORM
THAT EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUN-
TARY, AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE TO
BE INTERVIEWED WITH HIS OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT
FORM SHALL BE PROVIDED IN ENGLISH, SPANISH, AND THE FIVE MOST WIDELY
SPOKEN LANGUAGES IN THE COUNTY WHERE THE OFFICER'S AGENCY OR DEPARTMENT
IS LOCATED.
2. AFTER PROVIDING AN INDIVIDUAL IN CUSTODY WITH A WRITTEN CONSENT
FORM PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AN OFFICER SHALL KEEP
A WRITTEN RECORD OF WHETHER THE INDIVIDUAL DECLINED AN INTERVIEW,
CONSENTED TO AN INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT THE
INTERVIEW, AND WHETHER AN INTERVIEW OCCURRED. THE OFFICE OR AGENCY
EMPLOYING SUCH OFFICER SHALL MAINTAIN ALL SUCH WRITTEN RECORDS AND SHALL
COMPILE AN ANNUAL SUMMARY IDENTIFYING THE NUMBER OF REQUESTS FOR INTER-
VIEWS RECEIVED AND WHETHER EACH INDIVIDUAL DECLINED THE INTERVIEW,
CONSENTED TO THE INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT
THE INTERVIEW, AND HOW MANY INTERVIEWS OCCURRED. SUCH SUMMARY SHALL NOT
INCLUDE THE PERSONALLY IDENTIFIABLE INFORMATION OF ANY INDIVIDUAL IN
CUSTODY, AND SHALL BE A PUBLIC RECORD.
§ 145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT POLICE OFFICERS,
PEACE OFFICERS, OR SCHOOL RESOURCE OFFICERS FROM SENDING OR RECEIVING
A. 2328--A 4
INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS
TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
§ 145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT OFFICERS FROM
COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS ISSUED BY AN
INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC §
631.
§ 145.60 APPLICATION OF LAWS.
THE PROVISIONS OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY OTHER
PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN ANY
WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO
PARTICIPATE IN IMMIGRATION ENFORCEMENT.
§ 3. The executive law is amended by adding a new section 256-b to
read as follows:
§ 256-B. DUTIES OF LOCAL PROBATION DEPARTMENTS REGARDING IMMIGRATION
ENFORCEMENT. 1. FOR THE PURPOSES OF THIS SECTION, THE TERMS "IMMI-
GRATION AUTHORITIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW",
"IMMIGRATION DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE
SAME MEANING AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
2. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY,
OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
3. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING A PERSON PRESENTLY OR
FORMERLY UNDER THE SUPERVISION OF SUCH AGENCY OR DEPARTMENT OR DISCLOSE
TO IMMIGRATION AUTHORITIES INFORMATION GAINED IN THE COURSE OF EMPLOY-
MENT OR AVAILABLE AS A RESULT OF EMPLOYMENT WITH SUCH AGENCY OR DEPART-
MENT.
4. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
COLLECT INFORMATION ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS,
NATIONALITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY
TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
5. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS
OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
SUSPECTED VIOLATION OF IMMIGRATION LAW.
6. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
PERMIT NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF
PROPERTY OR FACILITIES UNDER THE CONTROL OF SUCH AGENCY OR DEPARTMENT
UNLESS PRESENTED WITH A JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPEND-
ENT MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF AN INDIVID-
UAL PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
7. IN ANY INSTANCE IN WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
ACCESS TO AN INDIVIDUAL UNDER THE SUPERVISION OF A PROBATION AGENCY OR
DEPARTMENT FOR THE PURPOSE OF BEING INTERVIEWED, THE PROBATION AGENCY OR
DEPARTMENT SHALL PROVIDE THE INDIVIDUAL WITH A WRITTEN CONSENT FORM THAT
EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUNTARY,
AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE TO BE
INTERVIEWED WITH HIS OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT FORM
SHALL BE PROVIDED IN ENGLISH, SPANISH, AND THE FIVE MOST WIDELY SPOKEN
LANGUAGES IN THE COUNTY WHERE THE OFFICER'S AGENCY OR DEPARTMENT IS
LOCATED.
8. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
ENTER A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
A. 2328--A 5
GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
9. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
INVESTIGATE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY.
10. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
INCLUDE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY IN COURT-
ORDERED REPORTS.
11. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
USE IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
RELATING TO INDIVIDUALS UNDER THE SUPERVISION OF SUCH AGENCY OR DEPART-
MENT.
12. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT EMPLOYEES OF
PROBATION AGENCIES OR DEPARTMENTS FROM SENDING OR RECEIVING INFORMATION
REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS TO OR FROM
ANY LOCAL, STATE, OR FEDERAL AGENCY.
13. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT PROBATION
DEPARTMENTS OR THEIR EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR
JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION OR FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631.
14. THE PROVISIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY
OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
TO PARTICIPATE IN IMMIGRATION ENFORCEMENT.
§ 4. The executive law is amended by adding a new article 15-AA to
read as follows:
ARTICLE 15-AA
RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
SECTION 319. DEFINITIONS.
319-A. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOY-
EES.
§ 319. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "STATE ENTITY" MEANS: ANY AGENCY UNDER THE EXECUTIVE AUTHORITY OF
THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVERNOR APPOINTS THE COMMISSION-
ER OR HIGHEST RANKING EMPLOYEE; ANY PUBLIC BENEFIT CORPORATION, PUBLIC
AUTHORITY, BOARD, OR COMMISSION FOR WHICH THE GOVERNOR APPOINTS THE
CHIEF EXECUTIVE OR A MAJORITY OF THE BOARD MEMBERS; ANY DIVISION,
DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAPTER; THE DEPARTMENT OF
EDUCATION AND ANY PUBLIC SCHOOL DISTRICT OR CHARTER SCHOOL, DIVISION,
OFFICE, OR INSTITUTION UNDER THE SUPERVISION OF THE DEPARTMENT OF EDUCA-
TION; ALL OFFICES DEFINED IN ARTICLE ONE OF THE PUBLIC OFFICERS LAW; THE
DEPARTMENT OF CIVIL SERVICE OR ANY OF ITS CIVIL DIVISIONS AS DEFINED IN
ARTICLE ONE OF THE CIVIL SERVICE LAW; AND ANY CONTRACTOR WHILE PERFORM-
ING SERVICES ON BEHALF OF THE STATE.
2. "STATE EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED BY: ANY AGENCY UNDER
THE EXECUTIVE AUTHORITY OF THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVER-
NOR APPOINTS THE COMMISSIONER OR HIGHEST RANKING EMPLOYEE; ANY PUBLIC
BENEFIT CORPORATION, PUBLIC AUTHORITY, BOARD, OR COMMISSION FOR WHICH
THE GOVERNOR APPOINTS THE CHIEF EXECUTIVE OR A MAJORITY OF THE BOARD
MEMBERS; ANY DIVISION, DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAP-
TER; THE DEPARTMENT OF EDUCATION AND ANY PUBLIC SCHOOL DISTRICT OR CHAR-
TER SCHOOL, DIVISION, OFFICE, OR INSTITUTION UNDER THE SUPERVISION OF
THE DEPARTMENT OF EDUCATION; ALL OFFICES DEFINED IN ARTICLE ONE OF THE
PUBLIC OFFICERS LAW; THE DEPARTMENT OF CIVIL SERVICE OR ANY OF ITS CIVIL
A. 2328--A 6
DIVISIONS AS DEFINED IN ARTICLE ONE OF THE CIVIL SERVICE LAW; OR ANY
CONTRACTOR WHILE PERFORMING SERVICES ON BEHALF OF THE STATE.
3. FOR THE PURPOSES OF THIS SECTION, THE TERMS "IMMIGRATION AUTHORI-
TIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW", "IMMIGRATION
DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
§ 319-A. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES.
1. NO STATE EMPLOYEE SHALL USE STATE RESOURCES, INCLUDING BUT NOT LIMIT-
ED TO TIME SPENT WHILE ON DUTY OR ANY STATE PROPERTY, FOR IMMIGRATION
ENFORCEMENT PURPOSES.
2. NO STATE ENTITY OR STATE EMPLOYEE SHALL DISCLOSE TO IMMIGRATION
AUTHORITIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE INFORMATION, INCLUD-
ING, BUT NOT LIMITED TO, A PERSON'S NAME, SOCIAL SECURITY NUMBER, PHYS-
ICAL DESCRIPTION, HOME ADDRESS, TELEPHONE NUMBER, FINANCIAL INFORMATION,
MEDICAL INFORMATION, PLACE OF EMPLOYMENT OR EDUCATION.
3. NO STATE ENTITY OR STATE EMPLOYEE SHALL INQUIRE ABOUT A PERSON'S
CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR COUNTRY OF ORIGIN,
UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR
BENEFIT SOUGHT BY THAT PERSON.
4. NO STATE ENTITY OR STATE EMPLOYEE SHALL COLLECT INFORMATION ABOUT A
PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR COUNTRY OF
ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
5. NO STATE ENTITY OR STATE EMPLOYEE SHALL QUESTION, INVESTIGATE, OR
INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS OF AN IMMIGRATION DETAIN-
ER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED VIOLATION OF
IMMIGRATION LAW.
6. NO STATE ENTITY OR STATE EMPLOYEE SHALL PERMIT NON-LOCAL LAW
ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPERTY OR FACILI-
TIES OWNED BY OR UNDER THE CONTROL OF THE STATE UNLESS PRESENTED WITH A
JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPENDENT MAGISTRATE AUTHORIZING
A SEARCH OR SEEKING THE ARREST OF AN INDIVIDUAL PRESENT AT THE TIME THE
JUDICIAL WARRANT IS PRESENTED.
7. NO STATE ENTITY OR STATE EMPLOYEE SHALL ENTER A PERSON'S IMMI-
GRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY STATE ENTITY UNLESS
REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT
BY THAT PERSON.
8. NO STATE ENTITY OR STATE EMPLOYEE SHALL USE IMMIGRATION AUTHORITIES
AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS RELATING TO INDIVIDUALS SUCH
ENTITIES OR EMPLOYEES INTERACT WITH AS PART OF THEIR EMPLOYMENT DUTIES.
9. ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO
STATE ENTITIES OR STATE EMPLOYEES ACTING IN THE COURSE OF THEIR DUTIES
AND ALL OTHER COMMUNICATIONS BETWEEN STATE EMPLOYEES AND IMMIGRATION
AUTHORITIES SHALL BE RECORDED. EACH STATE ENTITY WHOSE EMPLOYEES ARE
SUBJECT TO THIS SECTION SHALL ISSUE AN ANNUAL REPORT LISTING THE NUMBER
OF SUCH REQUESTS OR COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME
OF EACH REQUEST OR COMMUNICATION, WHICH SHALL BE PROMPTLY DELIVERED TO
THE OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
10. THIS SECTION SHALL NOT PROHIBIT STATE EMPLOYEES FROM SENDING OR
RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMI-
GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
11. THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT STATE EMPLOYEES
FROM COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS ISSUED BY AN
INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC §
631.
A. 2328--A 7
12. THE PROVISIONS OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY
OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
ANY WAY EXPAND THE AUTHORITY OF STATE EMPLOYEES TO PARTICIPATE IN IMMI-
GRATION ENFORCEMENT.
§ 5. The general municipal law is amended by adding a new article 19-C
to read as follows:
ARTICLE 19-C
DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
TO IMMIGRATION ENFORCEMENT
SECTION 995. RESTRICTION ON USE OF LOCAL RESOURCES FOR IMMIGRATION
ENFORCEMENT.
§ 995. RESTRICTION ON USE OF LOCAL RESOURCES FOR IMMIGRATION ENFORCE-
MENT. (A) FOR THE PURPOSES OF THIS SECTION, THE TERMS "IMMIGRATION
AUTHORITIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW", "IMMIGRATION
DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
(B) NO RESOURCES OF ANY MUNICIPAL CORPORATION SHALL BE UTILIZED FOR
IMMIGRATION ENFORCEMENT. FOR THE PURPOSES OF THIS SUBDIVISION, RESOURCES
OF A MUNICIPAL CORPORATION SHALL INCLUDE, BUT NOT BE LIMITED TO, TIME
SPENT BY THE MUNICIPAL CORPORATION'S EMPLOYEES, OFFICERS, CONTRACTORS,
OR SUBCONTRACTORS WHILE ON DUTY AND THE USE OF ANY MUNICIPAL CORPO-
RATION'S PROPERTY.
(C) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL DISCLOSE
TO IMMIGRATION AUTHORITIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE
INFORMATION, INCLUDING BUT NOT LIMITED TO SUCH PERSON'S NAME, SOCIAL
SECURITY NUMBER, PHYSICAL DESCRIPTION, ANY ASSOCIATED ADDRESSES, TELE-
PHONE NUMBER, FINANCIAL INFORMATION, MEDICAL INFORMATION, OR PLACE OF
EMPLOYMENT OR EDUCATION.
(D) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL QUES-
TION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL ON THE BASIS OF AN IMMI-
GRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED
VIOLATION OF IMMIGRATION LAW.
(E) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL INQUIRE
ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR COUN-
TRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A
PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
(F) NO MUNICIPAL CORPORATION NOR ANY EMPLOYEE THEREOF, SHALL COLLECT
INFORMATION ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALI-
TY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
(G) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL ENTER A
PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY MUNICI-
PAL CORPORATION UNLESS REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
(H) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL PERMIT
NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPER-
TY OR FACILITIES UNDER THE CONTROL OF SUCH MUNICIPAL CORPORATION UNLESS
PRESENTED WITH A JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPENDENT
MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF AN INDIVIDUAL
PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
(I) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL USE
IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
RELATING TO INDIVIDUALS SUCH CORPORATION OR EMPLOYEES INTERACT WITH AS
PART OF THEIR EMPLOYMENT DUTIES.
(J) ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO LAW
ENFORCEMENT AGENCIES WITHIN A MUNICIPAL CORPORATION AND ALL OTHER COMMU-
A. 2328--A 8
NICATIONS BETWEEN LAW ENFORCEMENT OFFICERS WITHIN A MUNICIPAL CORPO-
RATION AND IMMIGRATION AUTHORITIES SHALL BE RECORDED. EACH MUNICIPAL
CORPORATION SHALL ISSUE AN ANNUAL REPORT LISTING THE NUMBER OF SUCH
REQUESTS OR COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME OF EACH
REQUEST OR COMMUNICATION, WHICH SHALL BE PROMPTLY DELIVERED TO THE
OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
(K) THIS SECTION SHALL NOT PROHIBIT MUNICIPAL EMPLOYEES FROM SENDING
OR RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMI-
GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
(L) THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT MUNICIPAL CORPO-
RATIONS OR THEIR EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR
JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION OR FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631.
(M) THE PROVISIONS OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY
OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL EMPLOYEES TO PARTICIPATE
IN IMMIGRATION ENFORCEMENT.
§ 6. Section 500-c of the correction law is amended by adding a new
subdivision 4-a to read as follows:
4-A. (A) THE CHIEF ADMINISTRATIVE OFFICER SHALL NOT, BY FORMAL AGREE-
MENT OR OTHERWISE, ALLOW ANY OFFICER OR EMPLOYEE OF A COUNTY CORRECTION-
AL FACILITY TO BE SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION
AUTHORITIES, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
(B) THE CHIEF ADMINISTRATIVE OFFICER SHALL ENSURE THAT NO OFFICER OR
EMPLOYEE OF A COUNTY CORRECTIONAL FACILITY SPENDS TIME WHILE ON DUTY OR
USES CORRECTIONAL FACILITY RESOURCES FOR IMMIGRATION ENFORCEMENT, AS
DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
(C) ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO
COUNTY JAILS OR THEIR OFFICERS ACTING IN THE COURSE OF THEIR DUTIES AND
ALL OTHER COMMUNICATIONS BETWEEN CORRECTIONS PERSONNEL AND IMMIGRATION
AUTHORITIES SHALL BE RECORDED. THE CHIEF ADMINISTRATIVE OFFICER SHALL
PRODUCE AN ANNUAL REPORT LISTING ALL SUCH REQUESTS AND COMMUNICATIONS
AND STATING THE CONTENT AND OUTCOME OF REQUEST OR COMMUNICATION, WHICH
SHALL BE PROMPTLY DELIVERED TO THE OFFICE OF THE ATTORNEY GENERAL AND
WHICH SHALL BE A PUBLIC RECORD.
§ 7. Section 147 of the correction law is REPEALED.
§ 8. Section 500-f of the correction law is REPEALED.
§ 9. Section 621 of the correction law is amended by adding a new
subdivision 3 to read as follows:
3. THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY LAW ENFORCEMENT
OFFICER OR AGENCY OF THIS STATE OR ITS SUBDIVISIONS TO PARTICIPATE IN OR
ASSIST WITH IMMIGRATION ENFORCEMENT, AS DEFINED IN SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW. ALL LAW ENFORCEMENT OFFICERS OR AGENCIES
FURNISHING INFORMATION TO AGENCIES OF OTHER JURISDICTIONS SHALL OBTAIN
FROM THE RECIPIENT AGENCY A CERTIFICATION THAT SUCH INFORMATION WILL NOT
BE USED FOR IMMIGRATION ENFORCEMENT.
§ 10. The executive law is amended by adding a new section 63-e to
read as follows:
§ 63-E. IMMIGRATION STATUS REPORTS AND DATABASES. 1. THE OFFICE OF THE
ATTORNEY GENERAL SHALL REVIEW ALL REPORTS PROVIDED TO IT PURSUANT TO
ARTICLE FIFTEEN-AA OF THIS CHAPTER, ARTICLE NINETEEN-C OF THE GENERAL
MUNICIPAL LAW, AND ARTICLE TWENTY OF THE CORRECTION LAW AND SHALL
PREPARE AN ANNUAL SUMMARY OF SUCH REPORTS, WHICH SHALL ALSO IDENTIFY ANY
ALLEGED OMISSIONS OR DISCREPANCIES IN THE REPORTED INFORMATION AND ANY
A. 2328--A 9
INFORMATION THAT MAY INDICATE A VIOLATION OF STATE LAW. SUCH SUMMARY
SHALL BE A PUBLIC RECORD.
2. THE ATTORNEY GENERAL SHALL ESTABLISH A SYSTEM TO SOLICIT AND
RECEIVE COMPLAINTS FROM THE PUBLIC ABOUT IMPROPER USE OF RESOURCES BY
STATE OR LOCAL ENTITIES OR EMPLOYEES FOR IMMIGRATION ENFORCEMENT AND
IMPROPER SHARING OF INFORMATION BY STATE OR LOCAL ENTITIES OR EMPLOYEES
WITH IMMIGRATION AUTHORITIES. THE ATTORNEY GENERAL SHALL INVESTIGATE ALL
SUCH COMPLAINTS TO DETERMINE WHETHER A VIOLATION OF STATE LAW OCCURRED,
AND MAY BRING CIVIL ACTIONS AGAINST STATE OR LOCAL ENTITIES OR EMPLOYEES
ACTING IN THEIR OFFICIAL CAPACITY IN THE NAME OF THE PEOPLE OF THE STATE
OF NEW YORK TO OBTAIN APPROPRIATE EQUITABLE OR DECLARATORY RELIEF IF THE
ATTORNEY GENERAL DETERMINES THAT A VIOLATION OF STATE LAW OCCURRED.
3. FOR ANY DATABASES OPERATED BY STATE AND LOCAL LAW ENFORCEMENT AGEN-
CIES, INCLUDING DATABASES MAINTAINED FOR THE AGENCY BY PRIVATE VENDORS,
THE ATTORNEY GENERAL SHALL, BY JANUARY FIRST, TWO THOUSAND TWENTY-TWO IN
CONSULTATION WITH APPROPRIATE STAKEHOLDERS, PUBLISH GUIDANCE, AUDIT
CRITERIA, AND TRAINING RECOMMENDATIONS AIMED AT ENSURING THAT SUCH DATA-
BASES ARE GOVERNED IN A MANNER THAT LIMITS THE AVAILABILITY OF INFORMA-
TION CONTAINED THEREIN, TO THE FULLEST EXTENT PRACTICABLE AND CONSISTENT
WITH FEDERAL AND STATE LAW, TO ANYONE OR ANY ENTITY FOR THE PURPOSE OF
IMMIGRATION ENFORCEMENT. ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES
ARE ENCOURAGED TO ADOPT NECESSARY CHANGES TO DATABASE GOVERNANCE POLI-
CIES CONSISTENT WITH SUCH GUIDANCE.
§ 11. This act shall take effect immediately; provided, however, that
the amendments to section 500-c of the correction law made by section
six of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
Co-Sponsors
Linda Rosenthal
Robert J. Rodriguez
David Weprin
Harvey Epstein
- view additional co-sponsors
Robert C. Carroll
Jo Anne Simon
Al Taylor
Dan Quart
Phara Souffrant Forrest
Phil Steck
Catalina Cruz
Kenny Burgos
Khaleel Anderson
Marcela Mitaynes
Daniel O'Donnell
Jeffrey Dinowitz
Sarah Clark
Anna Kelles
Emily Gallagher
Steven Otis
Jessica Gonzalez-Rojas
J. Gary Pretlow
Rebecca Seawright
Zohran Mamdani
Jonathan Jacobson
Andrew Hevesi
Clyde Vanel
Chris Burdick
Charles Lavine
Richard Gottfried
Demond Meeks
Chantel Jackson
Fred Thiele
N. Nick Perry
Maritza Davila
Philip Ramos
Latrice Walker
Nathalia Fernandez
Yuh-Line Niou
Kimberly Jean-Pierre
Deborah Glick
Latoya Joyner
Amy Paulin
Yudelka Tapia
Michaelle C. Solages
Harry B. Bronson
Jen Lunsford
Patricia Fahy
Manny De Los Santos
Inez E. Dickens
Brian Cunningham
Jose Rivera
Alicia Hyndman
Ron Kim
Jonathan Rivera
Multi-Sponsors
Vivian Cook
A2328B (ACTIVE) - Details
- See Senate Version of this Bill:
- S3076
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §1.20, add Art 145 §§145.05 - 145.60, CP L; add §§256-b & 63-e, Art 15-AA §§319 & 319-a, Exec L; add Art 19-C §995, Gen Muni L; amd §§500-c & 621, rpld §§147 & 500-f, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020: A9586, S7562
2023-2024: A5686, S987
A2328B (ACTIVE) - Summary
Prohibits and regulates the discovery and disclosure of immigration status; prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status; regulates the disclosure of information relating to immigration status.
A2328B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2328--B
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. REYES, L. ROSENTHAL, WEPRIN, EPSTEIN, CARROLL,
SIMON, TAYLOR, QUART, FORREST, STECK, CRUZ, BURGOS, ANDERSON,
MITAYNES, O'DONNELL, DINOWITZ, CLARK, KELLES, GALLAGHER, OTIS, GONZA-
LEZ-ROJAS, PRETLOW, SEAWRIGHT, MAMDANI, JACOBSON, HEVESI, VANEL,
BURDICK, LAVINE, GOTTFRIED, MEEKS, JACKSON, THIELE, DAVILA, RAMOS,
WALKER, FERNANDEZ, NIOU, JEAN-PIERRE, GLICK, JOYNER, PAULIN, TAPIA,
SOLAGES, BRONSON, LUNSFORD, FAHY, DE LOS SANTOS, DICKENS, CUNNINGHAM,
J. RIVERA, HYNDMAN, KIM, J. D. RIVERA -- Multi-Sponsored by -- M. of
A. COOK -- read once and referred to the Committee on Codes --
reported and referred to the Committee on Ways and Means -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Ways and Means in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the criminal procedure law, the executive law, the
general municipal law and the correction law, in relation to prohibit-
ing and regulating the discovery and disclosure of immigration status;
and to repeal certain provisions of the correction law relating there-
to
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.20 of the criminal procedure law is amended by
adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows:
46. "IMMIGRATION AUTHORITIES" MEANS ANY OFFICER, EMPLOYEE, OR GOVERN-
MENT EMPLOYEE WHO IS RESPONSIBLE FOR ENFORCEMENT OF THE FEDERAL IMMI-
GRATION AND NATIONALITY ACT, INCLUDING ANY OFFICER OR AGENT OF UNITED
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR UNITED STATES CUSTOMS AND
BORDER PROTECTION.
47. "IMMIGRATION ENFORCEMENT" MEANS THE ENFORCEMENT OF ANY CIVIL
PROVISION OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT OR ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03012-06-2
A. 2328--B 2
PROVISION OF LAW THAT PENALIZES A PERSON'S PRESENCE IN, ENTRY INTO, OR
REENTRY INTO THE UNITED STATES.
48. "IMMIGRATION LAW" MEANS ANY CIVIL PROVISION OF THE FEDERAL IMMI-
GRATION AND NATIONALITY ACT AND ANY PROVISION OF LAW THAT PENALIZES A
PERSON'S PRESENCE IN, ENTRY INTO, OR REENTRY INTO THE UNITED STATES.
49. "IMMIGRATION DETAINER" MEANS ANY DOCUMENT, FORM, OR OTHER COMMUNI-
CATION REQUESTING OR DIRECTING THAT A POLICE OFFICER, PEACE OFFICER, OR
GOVERNMENT ENTITY DETAIN OR MAINTAIN CUSTODY OF AN INDIVIDUAL, FOR ANY
PERIOD OF TIME, FOR PICKUP BY OR TRANSFER TO IMMIGRATION AUTHORITIES.
50. "CIVIL IMMIGRATION WARRANT" MEANS ANY WARRANT FOR A VIOLATION OF
CIVIL IMMIGRATION LAW THAT IS NOT ISSUED BY A JUDGE APPOINTED PURSUANT
TO ARTICLE III OF THE UNITED STATES CONSTITUTION OR A FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631, AND INCLUDES ANY WARRANT
ENTERED INTO THE NATIONAL CRIME INFORMATION CENTER DATABASE.
§ 2. The criminal procedure law is amended by adding a new article 145
to read as follows:
ARTICLE 145
PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
SECTION 145.05 DUTIES OF POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL
RESOURCE OFFICERS; IMMIGRATION.
145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
145.15 IMMIGRATION DETAINER; QUESTIONING, INVESTIGATION OR
INTERROGATION PROHIBITED.
145.20 INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITI-
ZENSHIP OR IMMIGRATION STATUS PROHIBITED.
145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
145.45 WRITTEN CONSENT FOR INTERVIEW.
145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
145.60 APPLICATION OF LAWS.
§ 145.05 DUTIES OF POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
OFFICERS; IMMIGRATION.
THE DUTIES AND AUTHORITY OF POLICE OFFICERS, PEACE OFFICERS, AND
SCHOOL RESOURCE OFFICERS SHALL NOT INCLUDE AUTHORITY TO ENGAGE IN IMMI-
GRATION ENFORCEMENT. POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL
RESOURCE OFFICERS SHALL NOT USE PUBLIC RESOURCES FOR IMMIGRATION
ENFORCEMENT.
§ 145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL BE
SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION AUTHORITIES. NO
POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL PARTIC-
IPATE IN OR BE SUBJECT TO ANY AGREEMENT FOR THE PURPOSE OF IMMIGRATION
ENFORCEMENT.
§ 145.15 IMMIGRATION DETAINER; QUESTIONING, INVESTIGATION OR INTERRO-
GATION PROHIBITED.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS
OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
SUSPECTED VIOLATION OF IMMIGRATION LAW.
§ 145.20 INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITIZENSHIP OR
IMMIGRATION STATUS PROHIBITED.
A. 2328--B 3
1. NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY,
OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
2. NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
COLLECT INFORMATION REGARDING CITIZENSHIP, IMMIGRATION STATUS, NATIONAL-
ITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
§ 145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
NOTIFY OR OTHERWISE COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING:
(I) THE DATE, TIME, OR LOCATION THAT AN INDIVIDUAL WILL BE RELEASED FROM
CUSTODY; (II) THE TIME, DATE, OR LOCATION OF AN INDIVIDUAL'S COURT
APPEARANCE; OR (III) ANY OTHER INFORMATION AVAILABLE TO POLICE OFFICERS,
PEACE OFFICERS, OR SCHOOL RESOURCE OFFICERS THROUGH OR AS A RESULT OF
SUCH EMPLOYMENT AS A POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE
OFFICER.
§ 145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
TRANSFER OR FACILITATE THE TRANSFER OF INDIVIDUALS IN HIS OR HER CUSTODY
TO THE CUSTODY OF IMMIGRATION AUTHORITIES ABSENT A VALID COURT ORDER OR
JUDICIAL WARRANT ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION OR FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631 COMMANDING THE ARREST OF SUCH
INDIVIDUAL.
§ 145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
ENTER A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
§ 145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL USE
IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
RELATING TO INDIVIDUALS BEING INTERVIEWED, INTERROGATED, INVESTIGATED,
OR TAKEN INTO CUSTODY.
§ 145.45 WRITTEN CONSENT FOR INTERVIEW.
1. IN ANY INSTANCE IN WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
ACCESS TO AN INDIVIDUAL IN THE CUSTODY OF A POLICE OFFICER, PEACE OFFI-
CER, OR SCHOOL RESOURCE OFFICER FOR THE PURPOSE OF BEING INTERVIEWED,
THE OFFICER SHALL PROVIDE THE INDIVIDUAL WITH A WRITTEN CONSENT FORM
THAT EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUN-
TARY, AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE TO
BE INTERVIEWED WITH HIS OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT
FORM SHALL BE PROVIDED IN ENGLISH, SPANISH, AND THE FIVE MOST WIDELY
SPOKEN LANGUAGES IN THE COUNTY WHERE THE OFFICER'S AGENCY OR DEPARTMENT
IS LOCATED.
2. AFTER PROVIDING AN INDIVIDUAL IN CUSTODY WITH A WRITTEN CONSENT
FORM PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AN OFFICER SHALL KEEP
A WRITTEN RECORD OF WHETHER THE INDIVIDUAL DECLINED AN INTERVIEW,
CONSENTED TO AN INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT THE
INTERVIEW, AND WHETHER AN INTERVIEW OCCURRED. THE OFFICE OR AGENCY
EMPLOYING SUCH OFFICER SHALL MAINTAIN ALL SUCH WRITTEN RECORDS AND SHALL
COMPILE AN ANNUAL SUMMARY IDENTIFYING THE NUMBER OF REQUESTS FOR INTER-
VIEWS RECEIVED AND WHETHER EACH INDIVIDUAL DECLINED THE INTERVIEW,
CONSENTED TO THE INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT
THE INTERVIEW, AND HOW MANY INTERVIEWS OCCURRED. SUCH SUMMARY SHALL NOT
A. 2328--B 4
INCLUDE THE PERSONALLY IDENTIFIABLE INFORMATION OF ANY INDIVIDUAL IN
CUSTODY, AND SHALL BE A PUBLIC RECORD.
§ 145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT POLICE OFFICERS,
PEACE OFFICERS, OR SCHOOL RESOURCE OFFICERS FROM SENDING OR RECEIVING
INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS
TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
§ 145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT OFFICERS FROM
COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS ISSUED BY AN
INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC §
631.
§ 145.60 APPLICATION OF LAWS.
THE PROVISIONS OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY OTHER
PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN ANY
WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO
PARTICIPATE IN IMMIGRATION ENFORCEMENT.
§ 3. The executive law is amended by adding a new section 256-b to
read as follows:
§ 256-B. DUTIES OF LOCAL PROBATION DEPARTMENTS REGARDING IMMIGRATION
ENFORCEMENT. 1. FOR THE PURPOSES OF THIS SECTION, THE TERMS "IMMI-
GRATION AUTHORITIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW",
"IMMIGRATION DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE
SAME MEANING AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
2. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY,
OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
3. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING A PERSON PRESENTLY OR
FORMERLY UNDER THE SUPERVISION OF SUCH AGENCY OR DEPARTMENT OR DISCLOSE
TO IMMIGRATION AUTHORITIES INFORMATION GAINED IN THE COURSE OF EMPLOY-
MENT OR AVAILABLE AS A RESULT OF EMPLOYMENT WITH SUCH AGENCY OR DEPART-
MENT.
4. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
COLLECT INFORMATION ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS,
NATIONALITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY
TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
5. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS
OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
SUSPECTED VIOLATION OF IMMIGRATION LAW.
6. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
PERMIT NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF
PROPERTY OR FACILITIES UNDER THE CONTROL OF SUCH AGENCY OR DEPARTMENT
UNLESS PRESENTED WITH A JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPEND-
ENT MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF AN INDIVID-
UAL PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
7. IN ANY INSTANCE IN WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
ACCESS TO AN INDIVIDUAL UNDER THE SUPERVISION OF A PROBATION AGENCY OR
DEPARTMENT FOR THE PURPOSE OF BEING INTERVIEWED, THE PROBATION AGENCY OR
DEPARTMENT SHALL PROVIDE THE INDIVIDUAL WITH A WRITTEN CONSENT FORM THAT
EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUNTARY,
AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE TO BE
INTERVIEWED WITH HIS OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT FORM
A. 2328--B 5
SHALL BE PROVIDED IN ENGLISH, SPANISH, AND THE FIVE MOST WIDELY SPOKEN
LANGUAGES IN THE COUNTY WHERE THE OFFICER'S AGENCY OR DEPARTMENT IS
LOCATED.
8. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
ENTER A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
9. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
INVESTIGATE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY.
10. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
INCLUDE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY IN COURT-
ORDERED REPORTS.
11. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
USE IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
RELATING TO INDIVIDUALS UNDER THE SUPERVISION OF SUCH AGENCY OR DEPART-
MENT.
12. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT EMPLOYEES OF
PROBATION AGENCIES OR DEPARTMENTS FROM SENDING OR RECEIVING INFORMATION
REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS TO OR FROM
ANY LOCAL, STATE, OR FEDERAL AGENCY.
13. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT PROBATION
DEPARTMENTS OR THEIR EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR
JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION OR FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631.
14. THE PROVISIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY
OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
TO PARTICIPATE IN IMMIGRATION ENFORCEMENT.
§ 4. The executive law is amended by adding a new article 15-AA to
read as follows:
ARTICLE 15-AA
RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
SECTION 319. DEFINITIONS.
319-A. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOY-
EES.
§ 319. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "STATE ENTITY" MEANS: ANY AGENCY UNDER THE EXECUTIVE AUTHORITY OF
THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVERNOR APPOINTS THE COMMISSION-
ER OR HIGHEST RANKING EMPLOYEE; ANY PUBLIC BENEFIT CORPORATION, PUBLIC
AUTHORITY, BOARD, OR COMMISSION FOR WHICH THE GOVERNOR APPOINTS THE
CHIEF EXECUTIVE OR A MAJORITY OF THE BOARD MEMBERS; ANY DIVISION,
DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAPTER; THE DEPARTMENT OF
EDUCATION AND ANY PUBLIC SCHOOL DISTRICT OR CHARTER SCHOOL, DIVISION,
OFFICE, OR INSTITUTION UNDER THE SUPERVISION OF THE DEPARTMENT OF EDUCA-
TION; ALL OFFICES DEFINED IN ARTICLE ONE OF THE PUBLIC OFFICERS LAW; THE
DEPARTMENT OF CIVIL SERVICE OR ANY OF ITS CIVIL DIVISIONS AS DEFINED IN
ARTICLE ONE OF THE CIVIL SERVICE LAW; AND ANY CONTRACTOR WHILE PERFORM-
ING SERVICES ON BEHALF OF THE STATE.
2. "STATE EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED BY: ANY AGENCY UNDER
THE EXECUTIVE AUTHORITY OF THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVER-
NOR APPOINTS THE COMMISSIONER OR HIGHEST RANKING EMPLOYEE; ANY PUBLIC
BENEFIT CORPORATION, PUBLIC AUTHORITY, BOARD, OR COMMISSION FOR WHICH
THE GOVERNOR APPOINTS THE CHIEF EXECUTIVE OR A MAJORITY OF THE BOARD
MEMBERS; ANY DIVISION, DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAP-
A. 2328--B 6
TER; THE DEPARTMENT OF EDUCATION AND ANY PUBLIC SCHOOL DISTRICT OR CHAR-
TER SCHOOL, DIVISION, OFFICE, OR INSTITUTION UNDER THE SUPERVISION OF
THE DEPARTMENT OF EDUCATION; ALL OFFICES DEFINED IN ARTICLE ONE OF THE
PUBLIC OFFICERS LAW; THE DEPARTMENT OF CIVIL SERVICE OR ANY OF ITS CIVIL
DIVISIONS AS DEFINED IN ARTICLE ONE OF THE CIVIL SERVICE LAW; OR ANY
CONTRACTOR WHILE PERFORMING SERVICES ON BEHALF OF THE STATE.
3. FOR THE PURPOSES OF THIS SECTION, THE TERMS "IMMIGRATION AUTHORI-
TIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW", "IMMIGRATION
DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
§ 319-A. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES.
1. NO STATE EMPLOYEE SHALL USE STATE RESOURCES, INCLUDING BUT NOT LIMIT-
ED TO TIME SPENT WHILE ON DUTY OR ANY STATE PROPERTY, FOR IMMIGRATION
ENFORCEMENT PURPOSES.
2. NO STATE ENTITY OR STATE EMPLOYEE SHALL DISCLOSE TO IMMIGRATION
AUTHORITIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE INFORMATION, INCLUD-
ING, BUT NOT LIMITED TO, A PERSON'S NAME, SOCIAL SECURITY NUMBER, PHYS-
ICAL DESCRIPTION, HOME ADDRESS, TELEPHONE NUMBER, FINANCIAL INFORMATION,
MEDICAL INFORMATION, PLACE OF EMPLOYMENT OR EDUCATION.
3. NO STATE ENTITY OR STATE EMPLOYEE SHALL INQUIRE ABOUT A PERSON'S
CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR COUNTRY OF ORIGIN,
UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR
BENEFIT SOUGHT BY THAT PERSON.
4. NO STATE ENTITY OR STATE EMPLOYEE SHALL COLLECT INFORMATION ABOUT A
PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR COUNTRY OF
ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
5. NO STATE ENTITY OR STATE EMPLOYEE SHALL QUESTION, INVESTIGATE, OR
INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS OF AN IMMIGRATION DETAIN-
ER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED VIOLATION OF
IMMIGRATION LAW.
6. NO STATE ENTITY OR STATE EMPLOYEE SHALL PERMIT NON-LOCAL LAW
ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPERTY OR FACILI-
TIES OWNED BY OR UNDER THE CONTROL OF THE STATE UNLESS PRESENTED WITH A
JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPENDENT MAGISTRATE AUTHORIZING
A SEARCH OR SEEKING THE ARREST OF AN INDIVIDUAL PRESENT AT THE TIME THE
JUDICIAL WARRANT IS PRESENTED.
7. NO STATE ENTITY OR STATE EMPLOYEE SHALL ENTER A PERSON'S IMMI-
GRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY STATE ENTITY UNLESS
REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT
BY THAT PERSON.
8. NO STATE ENTITY OR STATE EMPLOYEE SHALL USE IMMIGRATION AUTHORITIES
AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS RELATING TO INDIVIDUALS SUCH
ENTITIES OR EMPLOYEES INTERACT WITH AS PART OF THEIR EMPLOYMENT DUTIES.
9. ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO
STATE ENTITIES OR STATE EMPLOYEES ACTING IN THE COURSE OF THEIR DUTIES
AND ALL OTHER COMMUNICATIONS BETWEEN STATE EMPLOYEES AND IMMIGRATION
AUTHORITIES SHALL BE RECORDED. EACH STATE ENTITY WHOSE EMPLOYEES ARE
SUBJECT TO THIS SECTION SHALL ISSUE AN ANNUAL REPORT LISTING THE NUMBER
OF SUCH REQUESTS OR COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME
OF EACH REQUEST OR COMMUNICATION, WHICH SHALL BE PROMPTLY DELIVERED TO
THE OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
10. THIS SECTION SHALL NOT PROHIBIT STATE EMPLOYEES FROM SENDING OR
RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMI-
GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
A. 2328--B 7
11. THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT STATE EMPLOYEES
FROM COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS ISSUED BY AN
INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC §
631.
12. THE PROVISIONS OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY
OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
ANY WAY EXPAND THE AUTHORITY OF STATE EMPLOYEES TO PARTICIPATE IN IMMI-
GRATION ENFORCEMENT.
§ 5. The general municipal law is amended by adding a new article 19-C
to read as follows:
ARTICLE 19-C
DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
TO IMMIGRATION ENFORCEMENT
SECTION 995. RESTRICTION ON USE OF LOCAL RESOURCES FOR IMMIGRATION
ENFORCEMENT.
§ 995. RESTRICTION ON USE OF LOCAL RESOURCES FOR IMMIGRATION ENFORCE-
MENT. (A) FOR THE PURPOSES OF THIS SECTION, THE TERMS "IMMIGRATION
AUTHORITIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW", "IMMIGRATION
DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
(B) NO RESOURCES OF ANY MUNICIPAL CORPORATION SHALL BE UTILIZED FOR
IMMIGRATION ENFORCEMENT. FOR THE PURPOSES OF THIS SUBDIVISION, RESOURCES
OF A MUNICIPAL CORPORATION SHALL INCLUDE, BUT NOT BE LIMITED TO, TIME
SPENT BY THE MUNICIPAL CORPORATION'S EMPLOYEES, OFFICERS, CONTRACTORS,
OR SUBCONTRACTORS WHILE ON DUTY AND THE USE OF ANY MUNICIPAL CORPO-
RATION'S PROPERTY.
(C) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL DISCLOSE
TO IMMIGRATION AUTHORITIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE
INFORMATION, INCLUDING BUT NOT LIMITED TO SUCH PERSON'S NAME, SOCIAL
SECURITY NUMBER, PHYSICAL DESCRIPTION, ANY ASSOCIATED ADDRESSES, TELE-
PHONE NUMBER, FINANCIAL INFORMATION, MEDICAL INFORMATION, OR PLACE OF
EMPLOYMENT OR EDUCATION.
(D) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL QUES-
TION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL ON THE BASIS OF AN IMMI-
GRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED
VIOLATION OF IMMIGRATION LAW.
(E) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL INQUIRE
ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR COUN-
TRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A
PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
(F) NO MUNICIPAL CORPORATION NOR ANY EMPLOYEE THEREOF, SHALL COLLECT
INFORMATION ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALI-
TY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
(G) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL ENTER A
PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY MUNICI-
PAL CORPORATION UNLESS REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
(H) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL PERMIT
NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPER-
TY OR FACILITIES UNDER THE CONTROL OF SUCH MUNICIPAL CORPORATION UNLESS
PRESENTED WITH A JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPENDENT
MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF AN INDIVIDUAL
PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
A. 2328--B 8
(I) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL USE
IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
RELATING TO INDIVIDUALS SUCH CORPORATION OR EMPLOYEES INTERACT WITH AS
PART OF THEIR EMPLOYMENT DUTIES.
(J) ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO LAW
ENFORCEMENT AGENCIES WITHIN A MUNICIPAL CORPORATION AND ALL OTHER COMMU-
NICATIONS BETWEEN LAW ENFORCEMENT OFFICERS WITHIN A MUNICIPAL CORPO-
RATION AND IMMIGRATION AUTHORITIES SHALL BE RECORDED. EACH MUNICIPAL
CORPORATION SHALL ISSUE AN ANNUAL REPORT LISTING THE NUMBER OF SUCH
REQUESTS OR COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME OF EACH
REQUEST OR COMMUNICATION, WHICH SHALL BE PROMPTLY DELIVERED TO THE
OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
(K) THIS SECTION SHALL NOT PROHIBIT MUNICIPAL EMPLOYEES FROM SENDING
OR RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMI-
GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
(L) THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT MUNICIPAL CORPO-
RATIONS OR THEIR EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR
JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION OR FEDERAL MAGISTRATE
JUDGE APPOINTED PURSUANT TO 28 USC § 631, OR FROM COMPLYING WITH VALID
WRITS OF HABEAS CORPUS AD PROSEQUENDUM OR HABEAS CORPUS AD TESTIFICANDUM
ISSUED BY A STATE COURT WITH THE AUTHORITY TO DO SO PURSUANT TO SECTIONS
580.30 AND 650.30 OF THE CRIMINAL PROCEDURE LAW UPON APPLICATION BY A
DISTRICT ATTORNEY.
(M) THE PROVISIONS OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY
OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL EMPLOYEES TO PARTICIPATE
IN IMMIGRATION ENFORCEMENT.
§ 6. Section 500-c of the correction law is amended by adding a new
subdivision 4-a to read as follows:
4-A. (A) THE CHIEF ADMINISTRATIVE OFFICER SHALL NOT, BY FORMAL AGREE-
MENT OR OTHERWISE, ALLOW ANY OFFICER OR EMPLOYEE OF A COUNTY CORRECTION-
AL FACILITY TO BE SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION
AUTHORITIES, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
(B) THE CHIEF ADMINISTRATIVE OFFICER SHALL ENSURE THAT NO OFFICER OR
EMPLOYEE OF A COUNTY CORRECTIONAL FACILITY SPENDS TIME WHILE ON DUTY OR
USES CORRECTIONAL FACILITY RESOURCES FOR IMMIGRATION ENFORCEMENT, AS
DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
(C) ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO
COUNTY JAILS OR THEIR OFFICERS ACTING IN THE COURSE OF THEIR DUTIES AND
ALL OTHER COMMUNICATIONS BETWEEN CORRECTIONS PERSONNEL AND IMMIGRATION
AUTHORITIES SHALL BE RECORDED. THE CHIEF ADMINISTRATIVE OFFICER SHALL
PRODUCE AN ANNUAL REPORT LISTING ALL SUCH REQUESTS AND COMMUNICATIONS
AND STATING THE CONTENT AND OUTCOME OF REQUEST OR COMMUNICATION, WHICH
SHALL BE PROMPTLY DELIVERED TO THE OFFICE OF THE ATTORNEY GENERAL AND
WHICH SHALL BE A PUBLIC RECORD.
§ 7. Section 147 of the correction law is REPEALED.
§ 8. Section 500-f of the correction law is REPEALED.
§ 9. Section 621 of the correction law is amended by adding a new
subdivision 3 to read as follows:
3. THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY LAW ENFORCEMENT
OFFICER OR AGENCY OF THIS STATE OR ITS SUBDIVISIONS TO PARTICIPATE IN OR
ASSIST WITH IMMIGRATION ENFORCEMENT, AS DEFINED IN SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW. ALL LAW ENFORCEMENT OFFICERS OR AGENCIES
FURNISHING INFORMATION TO AGENCIES OF OTHER JURISDICTIONS SHALL OBTAIN
A. 2328--B 9
FROM THE RECIPIENT AGENCY A CERTIFICATION THAT SUCH INFORMATION WILL NOT
BE USED FOR IMMIGRATION ENFORCEMENT.
§ 10. The executive law is amended by adding a new section 63-e to
read as follows:
§ 63-E. IMMIGRATION STATUS REPORTS AND DATABASES. 1. THE OFFICE OF THE
ATTORNEY GENERAL SHALL REVIEW ALL REPORTS PROVIDED TO IT PURSUANT TO
ARTICLE FIFTEEN-AA OF THIS CHAPTER, ARTICLE NINETEEN-C OF THE GENERAL
MUNICIPAL LAW, AND ARTICLE TWENTY OF THE CORRECTION LAW AND SHALL
PREPARE AN ANNUAL SUMMARY OF SUCH REPORTS, WHICH SHALL ALSO IDENTIFY ANY
ALLEGED OMISSIONS OR DISCREPANCIES IN THE REPORTED INFORMATION AND ANY
INFORMATION THAT MAY INDICATE A VIOLATION OF STATE LAW. SUCH SUMMARY
SHALL BE A PUBLIC RECORD.
2. THE ATTORNEY GENERAL SHALL ESTABLISH A SYSTEM TO SOLICIT AND
RECEIVE COMPLAINTS FROM THE PUBLIC ABOUT IMPROPER USE OF RESOURCES BY
STATE OR LOCAL ENTITIES OR EMPLOYEES FOR IMMIGRATION ENFORCEMENT AND
IMPROPER SHARING OF INFORMATION BY STATE OR LOCAL ENTITIES OR EMPLOYEES
WITH IMMIGRATION AUTHORITIES. THE ATTORNEY GENERAL SHALL INVESTIGATE ALL
SUCH COMPLAINTS TO DETERMINE WHETHER A VIOLATION OF STATE LAW OCCURRED,
AND MAY BRING CIVIL ACTIONS AGAINST STATE OR LOCAL ENTITIES OR EMPLOYEES
ACTING IN THEIR OFFICIAL CAPACITY IN THE NAME OF THE PEOPLE OF THE STATE
OF NEW YORK TO OBTAIN APPROPRIATE EQUITABLE OR DECLARATORY RELIEF IF THE
ATTORNEY GENERAL DETERMINES THAT A VIOLATION OF STATE LAW OCCURRED.
3. FOR ANY DATABASES OPERATED BY STATE AND LOCAL LAW ENFORCEMENT AGEN-
CIES, INCLUDING DATABASES MAINTAINED FOR THE AGENCY BY PRIVATE VENDORS,
THE ATTORNEY GENERAL SHALL, BY THE FIRST OF JANUARY FOLLOWING THE EFFEC-
TIVE DATE OF THIS SECTION, IN CONSULTATION WITH APPROPRIATE STAKEHOLD-
ERS, PUBLISH GUIDANCE, AUDIT CRITERIA, AND TRAINING RECOMMENDATIONS
AIMED AT ENSURING THAT SUCH DATABASES ARE GOVERNED IN A MANNER THAT
LIMITS THE AVAILABILITY OF INFORMATION CONTAINED THEREIN, TO THE FULLEST
EXTENT PRACTICABLE AND CONSISTENT WITH FEDERAL AND STATE LAW, TO ANYONE
OR ANY ENTITY FOR THE PURPOSE OF IMMIGRATION ENFORCEMENT. ALL STATE AND
LOCAL LAW ENFORCEMENT AGENCIES ARE ENCOURAGED TO ADOPT NECESSARY CHANGES
TO DATABASE GOVERNANCE POLICIES CONSISTENT WITH SUCH GUIDANCE.
§ 11. This act shall take effect immediately; provided, however, that
the amendments to section 500-c of the correction law made by section
six of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.