Senate Bill S4735B

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 Senate Committee Codes 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-S4735 - Details

See Assembly Version of this Bill:
A5373
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §29, Civ Rts L; add §409-o, Ed L

2025-S4735 - 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-S4735 - Sponsor Memo

2025-S4735 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4735
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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-S4735A - Details

See Assembly Version of this Bill:
A5373
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §29, Civ Rts L; add §409-o, Ed L

2025-S4735A - 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-S4735A - Sponsor Memo

2025-S4735A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4735--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 Introduced by Sens. SEPULVEDA, COMRIE, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   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, TEACHERS,  SCHOOL  STAFF,  VOLUN-
 TEERS, AND VISITORS, IS PRIVILEGED FROM IMMIGRATION ENFORCEMENT WHILE ON
 SCHOOL  GROUNDS  IN  NON-PUBLIC  PORTIONS  OF  SUCH  GROUNDS, 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,
 THAT  NOTHING  IN  THIS SUBDIVISION SHALL AFFECT ANY RIGHT OR DEFENSE OF
 ANY PERSON, SCHOOL RESOURCE OFFICER, POLICE OFFICER,  PEACE  OFFICER  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09018-02-5
 S. 4735--A                          2
              

co-Sponsors

2025-S4735B (ACTIVE) - Details

See Assembly Version of this Bill:
A5373
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §29, Civ Rts L; add §409-o, Ed L

2025-S4735B (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-S4735B (ACTIVE) - Sponsor Memo

2025-S4735B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4735--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 Introduced by Sens. SEPULVEDA, COMRIE, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- 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,
 THAT NOTHING IN THIS SUBDIVISION SHALL AFFECT ANY RIGHT  OR  DEFENSE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09018-05-5
              

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