Assembly Bill A8995

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8995
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the executive law, the criminal practice law, the  civil
   practice law and rules, and the state administrative procedure act, in
   relation  to requiring federal immigration enforcement agents to iden-
   tify themselves as such when conducting enforcement 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 "facial identification and transparency in  immigration  enforcement
 act".
   §  2.  Legislative  findings  and  intent.  The legislature finds that
 ensuring transparency  and  accountability  in  immigration  enforcement
 actions  conducted  within  the state of New York is essential to public
 safety and the protection of civil liberties. The use of unmarked agents
 or masked individuals by federal agencies  without  clearly  identifying
 themselves  contributes  to fear, confusion, and potential violations of
 constitutional rights. The purpose of this legislation is to ensure that
 all individuals have the right to know  who  is  conducting  enforcement
 actions  and  to  protect the integrity of law enforcement procedures in
 the state.
   § 3. The executive law is amended by adding a new section 94-c to read
 as follows:
   § 94-C. REQUIREMENTS FOR FEDERAL IMMIGRATION ENFORCEMENT ACTIVITY.  1.
 NO AGENT, OFFICER, OR CONTRACTOR ACTING ON BEHALF OF UNITED STATES IMMI-
 GRATION  AND  CUSTOMS ENFORCEMENT (ICE) OR ANY OTHER FEDERAL IMMIGRATION
 ENFORCEMENT AGENCY SHALL CONDUCT ANY  ENFORCEMENT  ACTIVITY  WITHIN  THE
 STATE OF NEW YORK UNLESS SUCH AGENT, OFFICER, OR CONTRACTOR:
   (A)  CLEARLY DISPLAYS A VALID AND CURRENT FEDERAL IDENTIFICATION BADGE
 AND CREDENTIALS WHICH ARE  VISIBLE  TO  THE  INDIVIDUAL  OR  INDIVIDUALS
 SUBJECT TO ENFORCEMENT; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13441-01-5
              

 A. 8995                             2
 
   (B)  DOES  NOT OBSCURE OR CONCEAL SUCH OFFICER, AGENT, OR CONTRACTOR'S
 FACE WITH A MASK, SHIELD, OR ANY OTHER FACIAL COVERING  UNLESS  REQUIRED
 FOR  SAFETY  DUE  TO  AN  IMMINENT  AND ARTICULABLE THREAT OR AS ADVISED
 FOLLOWING A PUBLIC HEALTH EMERGENCY DECLARED UNDER STATE OR FEDERAL LAW.
   2.  ANY  FEDERAL IMMIGRATION ENFORCEMENT OFFICER, AGENT, OR CONTRACTOR
 OPERATING IN NEW YORK SHALL, UPON REQUEST BY ANY INDIVIDUAL  SUBJECT  TO
 SUCH ENFORCEMENT ACTIVITY OR ANY MEMBER OF A STATE LAW ENFORCEMENT AGEN-
 CY, PROVIDE SUCH OFFICER, AGENT, OR CONTRACTOR'S NAME, AGENCY, AND BADGE
 NUMBER.
   3. ANY STATE OR LOCAL LAW ENFORCEMENT AGENCY, OFFICER, OR EMPLOYEE WHO
 BECOMES  AWARE  OF A VIOLATION OF THIS SECTION SHALL DOCUMENT AND REPORT
 SUCH VIOLATION TO THE OFFICE OF THE  NEW  YORK  STATE  ATTORNEY  GENERAL
 WITHIN  FORTY-EIGHT  HOURS.  THE  DEPARTMENT SHALL ESTABLISH A TELEPHONE
 HOTLINE AND MAY ESTABLISH AN INTERNET FORM FOR MEMBERS OF THE PUBLIC  TO
 REPORT SUCH VIOLATIONS.
   4.  THE  ATTORNEY  GENERAL SHALL HAVE THE AUTHORITY TO INVESTIGATE ANY
 VIOLATIONS OF THIS SECTION AND MAY BRING A CIVIL ACTION  FOR  INJUNCTIVE
 RELIEF OR PENALTIES, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS PER
 VIOLATION.
   §  4.  The  criminal  procedure law is amended by adding a new section
 60.80 to read as follows:
 § 60.80 ADMISSIBILITY OF EVIDENCE OBTAINED BY FEDERAL IMMIGRATION AGENTS
           IN VIOLATION OF STATE TRANSPARENCY LAWS.
   1. ANY EVIDENCE OBTAINED DURING AN ENFORCEMENT  ACTION  BY  A  FEDERAL
 IMMIGRATION  ENFORCEMENT  AGENT WHO FAILS TO COMPLY WITH SECTION NINETY-
 FOUR-C OF THE EXECUTIVE LAW SHALL BE PRESUMPTIVELY INADMISSIBLE  IN  ANY
 CRIMINAL PROCEEDING WITHIN NEW YORK STATE COURTS.
   2.  THIS SECTION SHALL NOT APPLY TO EVIDENCE OBTAINED INDEPENDENTLY BY
 LAWFUL MEANS OR IF THE COURT FINDS THAT SUCH EXCLUSION WOULD  RESULT  IN
 MANIFEST INJUSTICE.
   §  5.  The  civil  practice  law  and rules is amended by adding a new
 section 4552 to read as follows:
   § 4552. ADMISSIBILITY OF  EVIDENCE  OBTAINED  BY  FEDERAL  IMMIGRATION
 AGENTS  IN  VIOLATION  OF  STATE  TRANSPARENCY  LAWS.    1. ANY EVIDENCE
 OBTAINED DURING AN ENFORCEMENT ACTION BY A FEDERAL IMMIGRATION  ENFORCE-
 MENT  AGENT WHO FAILS TO COMPLY WITH SECTION NINETY-FOUR-C OF THE EXECU-
 TIVE LAW SHALL BE PRESUMPTIVELY INADMISSIBLE  IN  ANY  CIVIL  PROCEEDING
 WITHIN NEW YORK STATE COURTS.
   2.  THIS SECTION SHALL NOT APPLY TO EVIDENCE OBTAINED INDEPENDENTLY BY
 LAWFUL MEANS OR IF THE COURT FINDS THAT SUCH EXCLUSION WOULD  RESULT  IN
 MANIFEST INJUSTICE.
   §  6. Section 306 of the state administrative procedure act is amended
 by adding a new subdivision 5 to read as follows:
   5. (A) ANY EVIDENCE OBTAINED DURING AN ENFORCEMENT ACTION BY A FEDERAL
 IMMIGRATION ENFORCEMENT AGENT WHO FAILS TO COMPLY WITH  SECTION  NINETY-
 FOUR-C  OF  THE EXECUTIVE LAW SHALL BE PRESUMPTIVELY INADMISSIBLE IN ANY
 CRIMINAL PROCEEDING WITHIN NEW YORK STATE COURTS.
   (B) THIS SUBDIVISION SHALL NOT APPLY TO EVIDENCE OBTAINED INDEPENDENT-
 LY BY LAWFUL MEANS OR IF THE  COURT  FINDS  THAT  SUCH  EXCLUSION  WOULD
 RESULT IN MANIFEST INJUSTICE.
   §  7. Severability. If any provision of this act or its application to
 any person or circumstance is held invalid, the remainder of the act  or
 the application of the provision to other persons or circumstances shall
 not be affected.
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
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 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.