Assembly Bill A5373A

2025-2026 Legislative Session

Relates to protecting students, faculty, and staff from immigration enforcement while attending or participating in school activities

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions

Bill Amendments

co-Sponsors

2025-A5373 - Details

See Senate Version of this Bill:
S4735
Current Committee:
Assembly Education
Law Section:
Civil Rights Law
Laws Affected:
Add §29, Civ Rts L; add §409-o, Ed L

2025-A5373 - Summary

Prohibits immigration enforcement in school settings; prohibits all public and charter schools from allowing law enforcement officials inside school property to access a student, except to address an imminent safety situation or if they have an appropriate judicial warrant or judicial order.

2025-A5373 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5373
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the civil rights law and the education law, in  relation
   to  protecting  students,  faculty,  and staff from civil arrest while
   attending or participating in school activities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "protect our schools act".
   § 2. The civil rights law is amended by adding a  new  section  29  to
 read as follows:
   § 29. CIVIL ARREST; PROTECTION IN SCHOOL SETTINGS. 1. A PERSON ATTEND-
 ING,  EMPLOYED  AT, OR OTHERWISE LAWFULLY PRESENT AT A SCHOOL, INCLUDING
 STUDENTS, TEACHERS, SCHOOL STAFF, VOLUNTEERS, AND  VISITORS,  IS  PRIVI-
 LEGED FROM CIVIL ARREST WHILE:
   (A) TRAVELING TO AND FROM SCHOOL;
   (B) ATTENDING CLASSES OR SCHOOL-RELATED ACTIVITIES;
   (C) PARTICIPATING IN EXTRACURRICULAR OR EDUCATIONAL PROGRAMS ON SCHOOL
 GROUNDS  OR ARE AFFILIATED WITH THE SCHOOL, INCLUDING BUT NOT LIMITED TO
 AFTER SCHOOL PROGRAMS.
   2. NO CIVIL  ARREST  SHALL  BE  EXECUTED  ON  SCHOOL  PREMISES  UNLESS
 SUPPORTED  BY  A  JUDICIAL WARRANT AUTHORIZING SUCH AN ARREST OR DETAIN-
 MENT.
   3. NO OTHER DOCUMENT SHALL BE SUFFICIENT  FOR  THE  EXECUTION  OF  ANY
 CIVIL  ARREST INCLUDING AN ADMINISTRATIVE WARRANT OR IMMIGRATION DETAIN-
 ER.
   4. IT SHALL BE CONSIDERED UNLAWFUL AND CONSTITUTE  FALSE  IMPRISONMENT
 FOR ANY PERSON TO WILLFULLY VIOLATE THIS SECTION BY EXECUTING OR ASSIST-
 ING IN AN ARREST PROHIBITED UNDER THIS SECTION.
   5.  A  PERSON WHOSE RIGHTS UNDER THIS SECTION ARE VIOLATED MAY BRING A
 CIVIL ACTION FOR EQUITABLE AND  DECLARATORY  RELIEF.  ADDITIONALLY,  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09018-01-5
              

co-Sponsors

2025-A5373A (ACTIVE) - Details

See Senate Version of this Bill:
S4735
Current Committee:
Assembly Education
Law Section:
Civil Rights Law
Laws Affected:
Add §29, Civ Rts L; add §409-o, Ed L

2025-A5373A (ACTIVE) - Summary

Prohibits immigration enforcement in school settings; prohibits all public and charter schools from allowing law enforcement officials inside school property to access a student, except to address an imminent safety situation or if they have an appropriate judicial warrant or judicial order.

2025-A5373A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5373--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ, GONZALEZ-ROJAS, TAPIA, SIMONE, HEVESI,
   ZACCARO,  BURROUGHS,  DINOWITZ,  CUNNINGHAM,  LASHER,  MEEKS,  WRIGHT,
   LAVINE,  BURDICK, LUNSFORD, DE LOS SANTOS, RIVERA, TORRES, RAGA, ROME-
   RO, McDONALD, SIMON, SHIMSKY, TAYLOR -- read once and referred to  the
   Committee  on Education -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil rights law and the education law, in  relation
   to  protecting  students, faculty, and staff from immigration enforce-
   ment while attending or participating in school activities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "protect our schools act".
   § 2. The civil rights law is amended by adding a  new  section  29  to
 read as follows:
   §  29.  IMMIGRATION  ENFORCEMENT;  PROTECTION IN SCHOOL SETTINGS. 1. A
 PERSON ATTENDING, EMPLOYED AT, OR OTHERWISE LAWFULLY PRESENT AT A PUBLIC
 OR CHARTER SCHOOL, INCLUDING  STUDENTS,  PARENTS,  TEACHERS  AND  SCHOOL
 STAFF  IS  PRIVILEGED  FROM  IMMIGRATION ENFORCEMENT WHILE IN NON-PUBLIC
 PORTIONS OF SCHOOL GROUNDS OR ANY PROPERTY  MANAGED  OR  OPERATED  BY  A
 SCHOOL  DISTRICT,  UNLESS THE ENFORCEMENT ACTION IS SUPPORTED BY 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.
   2. ADMINISTRATIVE WARRANTS, IMMIGRATION DETAINERS, AND ALL OTHER DOCU-
 MENTS BESIDES A VALID COURT ORDER OR JUDICIAL WARRANT  ARE  INSUFFICIENT
 FOR IMMIGRATION ENFORCEMENT IN NON-PUBLIC PORTIONS OF SCHOOL GROUNDS.
   3.  IT  SHALL BE CONSIDERED UNLAWFUL AND CONSTITUTE UNLAWFUL IMPRISON-
 MENT FOR ANY PERSON TO WILLFULLY VIOLATE THIS SECTION  BY  EXECUTING  OR
 ASSISTING IN AN ARREST PROHIBITED UNDER THIS SECTION, PROVIDED, HOWEVER,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09018-04-5
              

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