BILL NUMBER: S1457

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the executive law, in relation to creating the Dignity
for Immigrants in New York State Act prohibiting state and local law
enforcement agencies from detaining individuals based only on the
violation of federal immigration laws

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits the detaining of immigrants on the basis of a United
States Immigration and Customs Enforcement (ICE) hold after that indi-
vidual becomes eligible for release from custody, unless, at the time
that the individual becomes eligible for release from custody, certain
conditions are met, including, among other things, that the individual
has been convicted of specified crimes.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill says that law enforcement agencies in the state
              

shall not detain individuals on the basis of an ICE hold after that
individual becomes eligible for release from custody, unless, the indi-
vidual has been convicted of a violent felony or that person, in the
last five years, has been convicted of certain enumerated misdemeanors.

 
JUSTIFICATION:

To operate the Secure Communities program, whenever ICE identifies immi-
grants in local police custody who are potentially subject to deporta-
tion, ICE issues a hold or detainer to local law enforcement who then
holds individuals in local jails for additional time beyond when they
would be eligible for release in a criminal matter. Unlike criminal
detainers, which are supported by a warrant and require probable cause,'
a request for a detainer through the Secure Communities program does not
require a warrant and does not require an established standard of proof,
such as reasonable suspicion or probable cause.

Under Secure Communities, individuals may be held and transferred into
immigration detention without regard to whether the arrest is the result
of a mistake, or merely a routine practice of questioning individuals
involved in a dispute without pressing charges. The Secure Communities
program hinders community policing efforts as immigrant residents who
are victims of, or witnesses to crime, including domestic violence, are
less likely to report a crime or cooperate with law enforcement when
they are fearful that any contact with law enforcement could result in
deportation. This act will ensure concerns about public safety, which is
the primary concern of local law enforcement, is prioritized above
concerns of immigration status, which is a uniquely federal responsibil-
ity.

The Secure Communities program has erroneously placed detainers on
United States citizens, as well as immigrants who are not deportable.
In fact, fewer than 10 percent of detainers under the Secure Communities
program actually targeted people who are considered a threat to public
safety and national security. This legislation would ensure that New
York State joins other states like California and Connecticut as leaders
in immigrant rights and that New York State no longer wastes its limited
resources on complying with requests by immigration officials to detain
people who are not dangerous criminals or national security threats.

 
PRIOR LEGISLATIVE HISTORY:

2013-2014: S5960 - Referred to Rules/ 2013. Referred to Finance/ 2014

2015-2016: S1163 - Referred to Finance

2017-2018: S3084 - Referred to Finance

2019-2020: S5242 - Referred to Finance

2021-2022: S1437 - Referred to Finance

 
FISCAL IMPLICATIONS:

Undetermined, however this will likely be a cost savings for the state
as they are currently not reimbursed by the federal government for the
full cost of responding to the Secure Communities program.

 
EFFECTIVE DATE:
Immediately.