Assembly Bill A5467

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5467
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the executive law, in relation to granting federal immi-
   gration  enforcement  powers  to local law enforcement agencies in New
   York state
 
   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 "New York state immigration enforcement act of 2025".
   § 2. Legislative findings. The legislature finds that:
   1. Criminal activity committed by illegal immigrants, especially those
 with a history of violent or gang-related offenses, poses a  significant
 threat to public safety in New York state communities.
   2.  Local  law enforcement agencies have an essential role in ensuring
 the safety of all residents, and their capacity to cooperate with feder-
 al authorities to enforce immigration law strengthens public safety.
   3. Federal authorities, specifically  United  States  Immigration  and
 Customs  Enforcement ("ICE"), offer an opportunity to local law enforce-
 ment to assist in the identification, arrest, and deportation of  crimi-
 nal illegal immigrants.
   4. Nassau County has recently entered into an agreement with ICE under
 the 287(g) program, and this approach has proven effective in addressing
 the safety concerns associated with illegal immigration and crime.
   5.  It  is in the best interest of New York state to extend this model
 statewide to enhance local law enforcement's ability to combat  criminal
 activity by individuals residing unlawfully in the United States.
   §  3.  The  executive  law is amended by adding a new section 837-y to
 read as follows:
   § 837-Y. COOPERATION WITH FEDERAL IMMIGRATION ENFORCEMENT AGENCY.   1.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09318-01-5
              

 A. 5467                             2
 
   (A) "287(G) PROGRAM" SHALL MEAN A  FEDERAL  PROGRAM  THAT  ALLOWS  THE
 UNITED  STATES  IMMIGRATION  AND  CUSTOMS ENFORCEMENT AGENCY TO DEPUTIZE
 LOCAL LAW ENFORCEMENT  OFFICERS  TO  ENFORCE  FEDERAL  IMMIGRATION  LAWS
 PURSUANT  TO  SECTION  287(G) OF THE FEDERAL IMMIGRATION AND NATIONALITY
 ACT.
   (B)  "CRIMINAL  MIGRANT"  SHALL  MEAN ANY INDIVIDUAL WHO IS UNLAWFULLY
 RESIDING IN THE UNITED STATES AND IS SUSPECTED OF ENGAGING  IN  CRIMINAL
 ACTIVITY, AS DEFINED BY THE PENAL LAW.
   (C) "LOCAL LAW ENFORCEMENT AGENCY" SHALL MEAN ANY POLICE DEPARTMENT OR
 SHERIFF'S OFFICE OPERATING WITHIN THE STATE OF NEW YORK.
   2. (A) THE DIVISION, IN COOPERATION WITH THE UNITED STATES IMMIGRATION
 AND  CUSTOMS  ENFORCEMENT  AGENCY,  SHALL CREATE A PROCESS FOR LOCAL LAW
 ENFORCEMENT AGENCIES TO PARTICIPATE IN THE 287(G) PROGRAM.
   (B) ANY LOCAL LAW ENFORCEMENT AGENCY THAT ELECTS TO PARTICIPATE IN THE
 PROGRAM MAY DEPUTIZE UP TO BUT NO MORE THAN TEN OFFICERS  OR  DETECTIVES
 TO  ENFORCE FEDERAL IMMIGRATION LAW PURSUANT TO THE 287(G) PROGRAM. SUCH
 OFFICERS SHALL BE TRAINED AND AUTHORIZED  BY  THE  UNITED  STATES  IMMI-
 GRATION  AND  CUSTOMS  ENFORCEMENT  AGENCY TO ARREST AND DETAIN CRIMINAL
 MIGRANTS PURSUANT TO FEDERAL IMMIGRATION LAW.
   (C) SUCH OFFICERS SHALL BE AUTHORIZED TO:
   (I) IDENTIFY, ARREST, AND DETAIN CRIMINAL MIGRANTS;
   (II) COLLABORATE  WITH  THE  UNITED  STATES  IMMIGRATION  AND  CUSTOMS
 ENFORCEMENT  AGENCY TO INITIATE DEPORTATION PROCEEDINGS FOR ANY CRIMINAL
 MIGRANT WHO IS ARRESTED BY A LOCAL LAW ENFORCEMENT AGENCY;
   (III) DETAIN A CRIMINAL MIGRANT FOR UP TO SEVENTY-TWO HOURS; AND
   (IV) ALLOW UNITED STATES IMMIGRATION AND  CUSTOMS  ENFORCEMENT  AGENCY
 AGENTS  TO  TAKE  CUSTODY  OF  ANY  CRIMINAL  MIGRANT WHO IS ARRESTED OR
 DETAINED BY A LOCAL LAW ENFORCEMENT AGENCY FOR FURTHER IMMIGRATION PROC-
 ESSING.
   (D) PARTICIPATING LAW ENFORCEMENT AGENCIES SHALL:
   (I) PROVIDE THE UNITED  STATES  IMMIGRATION  AND  CUSTOMS  ENFORCEMENT
 AGENCY  WITH  A PERMANENT PRESENCE AT LOCAL DETENTION FACILITIES FOR THE
 PURPOSE OF TRANSFERRING CRIMINAL MIGRANTS;
   (II) ADHERE TO THE TRAINING PROTOCOLS AND FEDERAL  OVERSIGHT  REQUIRE-
 MENTS SPECIFIED PURSUANT TO THE 287(G) PROGRAM; AND
   (III)  ENSURE THAT INDIVIDUALS DETAINED PURSUANT TO THE 287(G) PROGRAM
 ARE HELD IN A SECURE AND HUMANE MANNER, IN ACCORDANCE WITH BOTH  FEDERAL
 AND STATE GUIDELINES.
   3.  (A)  THE  NEW YORK STATE LEGISLATURE SHALL APPROPRIATE FUNDING, AS
 APPROPRIATE, FOR LOCAL LAW ENFORCEMENT AGENCIES TO IMPLEMENT THE  287(G)
 PROGRAM  PURSUANT  TO  THIS  SECTION.  SUCH FUNDING MAY BE USED FOR, BUT
 SHALL NOT BE LIMITED TO, TRAINING, EQUIPMENT, AND ADDITIONAL  PERSONNEL,
 AS NEEDED.
   (B)  EACH LOCAL LAW ENFORCEMENT AGENCY THAT PARTICIPATES IN THE 287(G)
 PROGRAM SHALL BE ENTITLED TO  RECEIVE  FEDERAL  FUNDS  FROM  THE  UNITED
 STATES  IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY FOR THE ASSISTANCE OF
 SUCH AGENCY IN ENFORCING FEDERAL IMMIGRATION LAWS.
   4. LOCAL LAW ENFORCEMENT AGENCIES MAY  APPLY  TO  PARTICIPATE  IN  THE
 287(G)  PROGRAM  BY  SUBMITTING  A FORMAL APPLICATION TO THE DIVISION IN
 SUCH FORM AND MANNER AS DETERMINED BY THE COMMISSIONER. SUCH APPLICATION
 SHALL OUTLINE SUCH LOCAL LAW ENFORCEMENT AGENCY'S COMMITMENT TO  ENFORC-
 ING  BOTH  STATE  AND  FEDERAL  IMMIGRATION  LAWS AND THEIR READINESS TO
 COMPLY WITH THE TRAINING AND OPERATIONAL REQUIREMENTS SET BY THE  UNITED
 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY.
 A. 5467                             3
 
   5.  (A)  THE  DIVISION SHALL CONDUCT REGULAR REVIEWS AND AUDITS OF THE
 287(G) PROGRAM TO ENSURE THAT PARTICIPATING LAW ENFORCEMENT AGENCIES ARE
 COMPLYING WITH ALL STATE AND FEDERAL LAWS AND REGULATIONS.
   (B)  THE LEGISLATURE SHALL ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR
 THE IMPLEMENTATION AND EFFECTIVENESS  OF  THE  PROGRAM  STATEWIDE.  SUCH
 OVERSIGHT  COMMITTEE SHALL BE COMPRISED OF MEMBERS FROM THE ASSEMBLY AND
 SENATE AND REPRESENTATIVES FROM CIVIL RIGHTS ORGANIZATIONS.  SUCH  OVER-
 SIGHT  COMMITTEE  SHALL  PREPARE AND SUBMIT TO THE LEGISLATURE AN ANNUAL
 REPORT, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) THE PROGRAM'S IMPACT ON PUBLIC SAFETY;
   (II) THE LEGAL RIGHTS OF DETAINEES; AND
   (III) THE OVERALL EFFECTIVENESS  OF  IMMIGRATION  ENFORCEMENT  IN  THE
 STATE.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately.