S T A T E O F N E W Y O R K
________________________________________________________________________
9366
2025-2026 Regular Sessions
I N A S S E M B L Y
December 19, 2025
___________
Introduced by M. of A. ROMERO -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law and the executive law, in relation to
procedures and restrictions regarding the discovery and disclosure of
immigration status by the state and city universities of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of the education law is amended by adding six new
subdivisions 25, 26, 27, 28, 29, and 30 to read as follows:
25. "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.
26. "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.
27. "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.
28. "IMMIGRATION DETAINER" MEANS ANY DOCUMENT, FORM, OR OTHER COMMUNI-
CATION REQUESTING OR DIRECTING THAT A NEW YORK STATE UNIVERSITY POLICE
OFFICER OR OTHER GOVERNMENT ENTITY DETAIN OR MAINTAIN CUSTODY OF AN
INDIVIDUAL, FOR ANY PERIOD OF TIME, FOR PICKUP BY OR TRANSFER TO IMMI-
GRATION AUTHORITIES.
29. "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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13377-01-5
A. 9366 2
30. "UNIVERSITY EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED FOR HIRE BY
THE STATE UNIVERSITY OF NEW YORK WHO PERFORMS WORK ON A FULL-TIME OR
PART-TIME BASIS, ANY INDIVIDUAL EMPLOYED BY THE STATE OF NEW YORK WHO
PERFORMS WORK ON OR INVOLVING ANY STATE UNIVERSITY OF NEW YORK CAMPUS,
OR ANY INDIVIDUAL PERFORMING WORK FOR THE STATE UNIVERSITY OF NEW YORK
UNDER A CONTRACT.
§ 2. The education law is amended by adding a new article 128 to read
as follows:
ARTICLE 128
PROCEDURES FOR NEW YORK STATE UNIVERSITY POLICE OFFICERS AND EMPLOYEES
PERTAINING TO IMMIGRATION ENFORCEMENT
SECTION 6360. DUTIES OF NEW YORK STATE UNIVERSITY POLICE OFFICERS AND
EMPLOYEES; IMMIGRATION.
6360-A. DIRECTION BY IMMIGRATION AUTHORITIES.
6360-B. IMMIGRATION DETAINER; QUESTIONING, INVESTIGATION OR
INTERROGATION PROHIBITED.
6360-C. INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITI-
ZENSHIP OR IMMIGRATION STATUS PROHIBITED.
6360-D. NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
6360-E. TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
6360-F. ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
6360-G. IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
6360-H. WRITTEN CONSENT FOR INTERVIEW.
6360-I. RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
6360-J. COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
6360-K. APPLICATION OF LAWS.
§ 6360. DUTIES OF NEW YORK STATE UNIVERSITY POLICE OFFICERS AND
EMPLOYEES; IMMIGRATION. THE DUTIES AND AUTHORITY OF NEW YORK STATE
UNIVERSITY POLICE OFFICERS AND EMPLOYEES SHALL NOT INCLUDE AUTHORITY TO
ENGAGE IN IMMIGRATION ENFORCEMENT. NEW YORK STATE UNIVERSITY POLICE
OFFICERS AND EMPLOYEES SHALL NOT USE UNIVERSITY RESOURCES OR PUBLIC
RESOURCES FOR IMMIGRATION ENFORCEMENT.
§ 6360-A. DIRECTION BY IMMIGRATION AUTHORITIES. NO NEW YORK STATE
UNIVERSITY POLICE OFFICER OR EMPLOYEE SHALL BE SUBJECT TO THE DIRECTION
OR SUPERVISION OF IMMIGRATION AUTHORITIES. NO NEW YORK STATE UNIVERSITY
POLICE OFFICER OR EMPLOYEE SHALL PARTICIPATE IN OR BE SUBJECT TO ANY
AGREEMENT FOR THE PURPOSE OF IMMIGRATION ENFORCEMENT.
§ 6360-B. IMMIGRATION DETAINER; QUESTIONING, INVESTIGATION OR INTERRO-
GATION PROHIBITED. NO NEW YORK STATE UNIVERSITY POLICE OFFICER OR
EMPLOYEE SHALL QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLE-
LY ON THE BASIS OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT,
OR AN ACTUAL OR SUSPECTED VIOLATION OF IMMIGRATION LAW.
§ 6360-C. INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITIZENSHIP
OR IMMIGRATION STATUS PROHIBITED. 1. NO NEW YORK STATE UNIVERSITY POLICE
OFFICER OR EMPLOYEE SHALL INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMI-
GRATION 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 NEW YORK STATE UNIVERSITY POLICE OFFICER OR EMPLOYEE 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.
§ 6360-D. NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED. NO NEW
YORK STATE UNIVERSITY POLICE OFFICER OR EMPLOYEE SHALL NOTIFY OR OTHER-
WISE COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING:
A. 9366 3
1. THE DATE, TIME, OR LOCATION THAT AN INDIVIDUAL WILL BE RELEASED
FROM CUSTODY;
2. THE TIME, DATE, OR LOCATION OF AN INDIVIDUAL'S COURT APPEARANCE; OR
3. ANY OTHER INFORMATION AVAILABLE TO OFFICERS OR EMPLOYEES THROUGH OR
AS A RESULT OF SUCH EMPLOYMENT AS A NEW YORK STATE UNIVERSITY POLICE
OFFICER OR EMPLOYEE.
§ 6360-E. TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES. NO NEW YORK
STATE UNIVERSITY POLICE OFFICER OR EMPLOYEE SHALL TRANSFER OR FACILITATE
THE TRANSFER OF INDIVIDUALS IN THEIR CUSTODY TO THE CUSTODY OF IMMI-
GRATION 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 PURSU-
ANT TO 28 USC § 631 COMMANDING THE ARREST OF SUCH INDIVIDUAL.
§ 6360-F. ENTRY OF IMMIGRATION STATUS INTO A DATABASE. NO NEW YORK
STATE UNIVERSITY POLICE OFFICER OR EMPLOYEE SHALL ENTER A PERSON'S IMMI-
GRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY GOVERNMENT ENTITY
UNLESS REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT
SOUGHT BY SUCH PERSON.
§ 6360-G. IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED. NO NEW
YORK STATE UNIVERSITY POLICE OFFICER OR EMPLOYEE SHALL USE IMMIGRATION
AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS RELATING TO
INDIVIDUALS BEING INTERVIEWED, INTERROGATED, INVESTIGATED, OR TAKEN INTO
CUSTODY.
§ 6360-H. WRITTEN CONSENT FOR INTERVIEW. 1. IN ANY INSTANCE IN WHICH
IMMIGRATION AUTHORITIES ARE PERMITTED ACCESS TO AN INDIVIDUAL IN THE
CUSTODY OF A NEW YORK STATE UNIVERSITY POLICE OFFICER OR EMPLOYEE FOR
THE PURPOSE OF BEING INTERVIEWED, THE OFFICER OR EMPLOYEE SHALL PROVIDE
THE INDIVIDUAL WITH A WRITTEN CONSENT FORM THAT EXPLAINS THE PURPOSE OF
THE INTERVIEW, THAT THE INTERVIEW IS VOLUNTARY, AND THAT THEY MAY
DECLINE TO BE INTERVIEWED OR MAY CHOOSE TO BE INTERVIEWED WITH THEIR
ATTORNEY PRESENT. THE WRITTEN CONSENT FORM SHALL BE PROVIDED IN ENGLISH,
SPANISH, AND THE FIVE OTHER MOST WIDELY SPOKEN LANGUAGES AMONG STUDENTS
ATTENDING THE STATE UNIVERSITY OF NEW YORK.
2. AFTER PROVIDING AN INDIVIDUAL IN CUSTODY WITH A WRITTEN CONSENT
FORM PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AN OFFICER OR EMPLOYEE
SHALL KEEP A WRITTEN RECORD OF WHETHER THE INDIVIDUAL DECLINED AN INTER-
VIEW, CONSENTED TO AN INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT
AT THE INTERVIEW, AND WHETHER AN INTERVIEW OCCURRED. THE OFFICE OR AGEN-
CY EMPLOYING SUCH OFFICER OR EMPLOYEE SHALL MAINTAIN ALL SUCH WRITTEN
RECORDS AND SHALL COMPILE AN ANNUAL SUMMARY IDENTIFYING THE NUMBER OF
REQUESTS FOR INTERVIEWS 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.
§ 6360-I. RECEIPT OF INFORMATION REGARDING CITIZENSHIP. THE PROVISIONS
OF THIS ARTICLE SHALL NOT PROHIBIT NEW YORK STATE UNIVERSITY POLICE
OFFICERS OR EMPLOYEES FROM SENDING OR RECEIVING INFORMATION REGARDING AN
INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS TO OR FROM ANY LOCAL,
STATE, OR FEDERAL AGENCY.
§ 6360-J. COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS. THE
PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT OFFICERS OR 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. 9366 4
§ 6360-K. 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
EMPLOYEES TO PARTICIPATE IN IMMIGRATION ENFORCEMENT.
§ 3. The education law is amended by adding a new article 128-A to
read as follows:
ARTICLE 128-A
RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY UNIVERSITY EMPLOYEES
SECTION 6365. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY UNIVERSITY
EMPLOYEES.
§ 6365. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY UNIVERSITY EMPLOY-
EES. 1. NO UNIVERSITY EMPLOYEE SHALL USE UNIVERSITY RESOURCES, INCLUD-
ING BUT NOT LIMITED TO TIME SPENT WHILE ON DUTY OR ANY STATE UNIVERSITY
PROPERTY, FOR IMMIGRATION ENFORCEMENT PURPOSES.
2. NO UNIVERSITY EMPLOYEE SHALL DISCLOSE TO IMMIGRATION AUTHORITIES AN
INDIVIDUAL'S PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING, BUT NOT
LIMITED TO, A PERSON'S NAME, SOCIAL SECURITY NUMBER, PHYSICAL
DESCRIPTION, HOME ADDRESS, TELEPHONE NUMBER, FINANCIAL INFORMATION,
MEDICAL INFORMATION, PLACE OF EMPLOYMENT OR EDUCATION.
3. NO UNIVERSITY EMPLOYEE SHALL INQUIRE ABOUT OR COLLECT EVIDENCE
REGARDING A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR
COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A
UNIVERSITY PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
4. NO UNIVERSITY EMPLOYEE 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.
5. NO UNIVERSITY EMPLOYEE SHALL PERMIT NON-LOCAL LAW ENFORCEMENT AGEN-
CIES TO ACCESS NON-PUBLIC AREAS OF PROPERTY OR FACILITIES 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.
6. NO UNIVERSITY EMPLOYEE SHALL ENTER A PERSON'S IMMIGRATION STATUS
INTO ANY DATABASE MAINTAINED BY ANY STATE ENTITY UNLESS REQUIRED OR
NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT
PERSON.
7. NO UNIVERSITY EMPLOYEE SHALL USE IMMIGRATION AUTHORITIES AS INTER-
PRETERS FOR LAW ENFORCEMENT MATTERS RELATING TO INDIVIDUALS SUCH ENTI-
TIES OR EMPLOYEES INTERACT WITH AS PART OF THEIR EMPLOYMENT DUTIES.
8. ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO
UNIVERSITY EMPLOYEES ACTING IN THE COURSE OF THEIR DUTIES AND ALL OTHER
COMMUNICATIONS BETWEEN UNIVERSITY EMPLOYEES AND IMMIGRATION AUTHORITIES
SHALL BE RECORDED. EACH UNIVERSITY CAMPUS 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.
9. THIS SECTION SHALL NOT PROHIBIT UNIVERSITY EMPLOYEES FROM SENDING
OR RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMI-
GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
10. THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT UNIVERSITY
EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS
ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE
A. 9366 5
UNITED STATES CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSU-
ANT TO 28 USC § 631.
11. 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.
§ 4. The education law is amended by adding a new article 125-C to
read as follows:
ARTICLE 125-C
PROCEDURES FOR CITY UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY
OFFICERS AND EMPLOYEES PERTAINING TO IMMIGRATION ENFORCEMENT
SECTION 6240. DUTIES OF CITY UNIVERSITY OF NEW YORK DEPARTMENT OF
PUBLIC SAFETY OFFICERS AND EMPLOYEES; IMMIGRATION.
6240-A. DIRECTION BY IMMIGRATION AUTHORITIES.
6240-B. IMMIGRATION DETAINER; QUESTIONING, INVESTIGATION OR
INTERROGATION PROHIBITED.
6240-C. INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITI-
ZENSHIP OR IMMIGRATION STATUS PROHIBITED.
6240-D. NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
6240-E. TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
6240-F. ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
6240-G. IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
6240-H. WRITTEN CONSENT FOR INTERVIEW.
6240-I. RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
6240-J. COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
6240-K. APPLICATION OF LAWS.
§ 6240. DUTIES OF CITY UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC
SAFETY OFFICERS AND EMPLOYEES; IMMIGRATION. THE DUTIES AND AUTHORITY OF
CITY UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY OFFICERS AND
EMPLOYEES SHALL NOT INCLUDE AUTHORITY TO ENGAGE IN IMMIGRATION ENFORCE-
MENT. CITY UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY OFFICERS
AND EMPLOYEES SHALL NOT USE UNIVERSITY RESOURCES OR PUBLIC RESOURCES FOR
IMMIGRATION ENFORCEMENT.
§ 6240-A. DIRECTION BY IMMIGRATION AUTHORITIES. NO CITY UNIVERSITY OF
NEW YORK DEPARTMENT OF PUBLIC SAFETY OFFICERS OR EMPLOYEES SHALL BE
SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION AUTHORITIES. NO
CITY UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY OFFICER OR
EMPLOYEE SHALL PARTICIPATE IN OR BE SUBJECT TO ANY AGREEMENT FOR THE
PURPOSE OF IMMIGRATION ENFORCEMENT.
§ 6240-B. IMMIGRATION DETAINER; QUESTIONING, INVESTIGATION OR INTERRO-
GATION PROHIBITED. NO CITY UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC
SAFETY OFFICER OR EMPLOYEE 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.
§ 6240-C. INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITIZENSHIP
OR IMMIGRATION STATUS PROHIBITED. 1. NO CITY UNIVERSITY OF NEW YORK
DEPARTMENT OF PUBLIC SAFETY OFFICER OR 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.
2. NO CITY UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY OFFICER
OR EMPLOYEE SHALL COLLECT INFORMATION REGARDING CITIZENSHIP, IMMIGRATION
STATUS, NATIONALITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR
A. 9366 6
NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT
PERSON.
§ 6240-D. NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED. NO CITY
UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY OFFICER OR EMPLOYEE
SHALL NOTIFY OR OTHERWISE COMMUNICATE WITH IMMIGRATION AUTHORITIES
REGARDING:
1. THE DATE, TIME, OR LOCATION THAT AN INDIVIDUAL WILL BE RELEASED
FROM CUSTODY;
2. THE TIME, DATE, OR LOCATION OF AN INDIVIDUAL'S COURT APPEARANCE; OR
3. ANY OTHER INFORMATION AVAILABLE TO OFFICERS OR EMPLOYEES THROUGH OR
AS A RESULT OF SUCH EMPLOYMENT AS A CITY UNIVERSITY OF NEW YORK DEPART-
MENT OF PUBLIC SAFETY OFFICER OR EMPLOYEE.
§ 6240-E. TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES. NO CITY
UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY OFFICER OR EMPLOYEE
SHALL TRANSFER OR FACILITATE THE TRANSFER OF INDIVIDUALS IN THEIR CUSTO-
DY 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.
§ 6240-F. ENTRY OF IMMIGRATION STATUS INTO A DATABASE. NO CITY UNIVER-
SITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY OFFICER OR EMPLOYEE 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.
§ 6240-G. IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED. NO CITY
UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY OFFICER OR EMPLOYEE
SHALL USE IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT
MATTERS RELATING TO INDIVIDUALS BEING INTERVIEWED, INTERROGATED, INVES-
TIGATED, OR TAKEN INTO CUSTODY.
§ 6240-H. WRITTEN CONSENT FOR INTERVIEW. 1. IN ANY INSTANCE IN WHICH
IMMIGRATION AUTHORITIES ARE PERMITTED ACCESS TO AN INDIVIDUAL IN THE
CUSTODY OF A CITY UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY
OFFICER OR EMPLOYEE FOR THE PURPOSE OF BEING INTERVIEWED, THE OFFICER OR
EMPLOYEE SHALL PROVIDE THE INDIVIDUAL WITH A WRITTEN CONSENT FORM THAT
EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUNTARY,
AND THAT THEY MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE TO BE INTER-
VIEWED WITH THEIR ATTORNEY PRESENT. THE WRITTEN CONSENT FORM SHALL BE
PROVIDED IN ENGLISH, SPANISH, AND THE FIVE OTHER MOST WIDELY SPOKEN
LANGUAGES AMONG STUDENTS ATTENDING THE CITY UNIVERSITY OF NEW YORK.
2. AFTER PROVIDING AN INDIVIDUAL IN CUSTODY WITH A WRITTEN CONSENT
FORM PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AN OFFICER OR EMPLOYEE
SHALL KEEP A WRITTEN RECORD OF WHETHER THE INDIVIDUAL DECLINED AN INTER-
VIEW, CONSENTED TO AN INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT
AT THE INTERVIEW, AND WHETHER AN INTERVIEW OCCURRED. THE OFFICE OR AGEN-
CY EMPLOYING SUCH OFFICER OR EMPLOYEE SHALL MAINTAIN ALL SUCH WRITTEN
RECORDS AND SHALL COMPILE AN ANNUAL SUMMARY IDENTIFYING THE NUMBER OF
REQUESTS FOR INTERVIEWS 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.
§ 6240-I. RECEIPT OF INFORMATION REGARDING CITIZENSHIP. THE PROVISIONS
OF THIS ARTICLE SHALL NOT PROHIBIT CITY UNIVERSITY OF NEW YORK DEPART-
MENT OF PUBLIC SAFETY OFFICERS OR EMPLOYEES FROM SENDING OR RECEIVING
A. 9366 7
INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS
TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
§ 6240-J. COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS. THE
PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT OFFICERS OR 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.
§ 6240-K. 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
EMPLOYEES TO PARTICIPATE IN IMMIGRATION ENFORCEMENT.
§ 5. The education law is amended by adding a new article 125-D to
read as follows:
ARTICLE 125-D
RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY CITY UNIVERSITY OF NEW YORK
EMPLOYEES
SECTION 6242. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY CITY UNIVERSITY
OF NEW YORK EMPLOYEES.
§ 6242. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY CITY UNIVERSITY OF
NEW YORK EMPLOYEES. 1. NO CITY UNIVERSITY EMPLOYEE SHALL USE CITY
UNIVERSITY RESOURCES, INCLUDING BUT NOT LIMITED TO TIME SPENT WHILE ON
DUTY OR ANY CITY UNIVERSITY OF NEW YORK PROPERTY, FOR IMMIGRATION
ENFORCEMENT PURPOSES.
2. NO CITY UNIVERSITY EMPLOYEE SHALL DISCLOSE TO IMMIGRATION AUTHORI-
TIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING, BUT
NOT LIMITED TO, A PERSON'S NAME, SOCIAL SECURITY NUMBER, PHYSICAL
DESCRIPTION, HOME ADDRESS, TELEPHONE NUMBER, FINANCIAL INFORMATION,
MEDICAL INFORMATION, PLACE OF EMPLOYMENT OR EDUCATION.
3. NO CITY UNIVERSITY EMPLOYEE SHALL INQUIRE ABOUT OR COLLECT EVIDENCE
REGARDING A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR
COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A
UNIVERSITY PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
4. NO CITY UNIVERSITY EMPLOYEE SHALL QUESTION, INVESTIGATE, OR INTER-
ROGATE AN INDIVIDUAL SOLELY ON THE BASIS OF AN IMMIGRATION DETAINER, A
CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED VIOLATION OF IMMI-
GRATION LAW.
5. NO CITY UNIVERSITY EMPLOYEE SHALL PERMIT NON-LOCAL LAW ENFORCEMENT
AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPERTY OR FACILITIES 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.
6. NO CITY UNIVERSITY EMPLOYEE SHALL ENTER A PERSON'S IMMIGRATION
STATUS INTO ANY DATABASE MAINTAINED BY ANY STATE ENTITY UNLESS REQUIRED
OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT
PERSON.
7. NO CITY UNIVERSITY 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.
8. ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO CITY
UNIVERSITY EMPLOYEES ACTING IN THE COURSE OF THEIR DUTIES AND ALL OTHER
COMMUNICATIONS BETWEEN CITY UNIVERSITY EMPLOYEES AND IMMIGRATION AUTHOR-
ITIES SHALL BE RECORDED. EACH CITY UNIVERSITY CAMPUS SHALL ISSUE AN
A. 9366 8
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.
9. THIS SECTION SHALL NOT PROHIBIT CITY UNIVERSITY EMPLOYEES FROM
SENDING OR RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP
OR IMMIGRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
10. THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT CITY UNIVERSITY
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 PURSU-
ANT TO 28 USC § 631.
11. 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.
§ 6. 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
ARTICLES ONE HUNDRED TWENTY-FIVE-C, ONE HUNDRED TWENTY-FIVE-D, ONE
HUNDRED TWENTY-EIGHT AND ONE HUNDRED TWENTY-EIGHT-A OF THE EDUCATION LAW
AND 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 OFFICE OF 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 ENTI-
TIES 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 THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, THEIR CAMPUSES,
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 THE STATE UNIVERSITY OF NEW YORK OR
THE CITY UNIVERSITY OF NEW YORK 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.
§ 7. This act shall take effect immediately.