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
S. 4735--B 2
ANY PERSON, SCHOOL RESOURCE OFFICER, POLICE OFFICER, PEACE OFFICER OR
PUBLIC OFFICER ACTING LAWFULLY PURSUANT TO THEIR DUTY TO MAINTAIN SAFETY
IN SCHOOL SETTINGS.
4. A PERSON WHOSE RIGHTS UNDER THIS SECTION ARE VIOLATED OR MAY BE
VIOLATED MAY BRING A CIVIL ACTION FOR EQUITABLE AND DECLARATORY RELIEF
IF SUCH PERSON HAS REASONABLE CAUSE TO BELIEVE A VIOLATION OF THIS
SECTION HAS OCCURRED OR MAY OCCUR. ADDITIONALLY, THE ATTORNEY GENERAL
MAY BRING A CIVIL ACTION IN THE NAME OF THE STATE TO OBTAIN APPROPRIATE
EQUITABLE AND DECLARATORY RELIEF IF THE ATTORNEY GENERAL HAS REASONABLE
CAUSE TO BELIEVE A VIOLATION OF THIS SECTION HAS OCCURRED OR MAY OCCUR.
5. ANY SUCCESSFUL ACTION PURSUANT TO THIS SECTION MAY RESULT IN THE
RECOVERY OF COSTS AND REASONABLE ATTORNEY'S FEES.
6. AS USED IN THIS SECTION:
(A) "ADMINISTRATIVE WARRANT" SHALL MEAN A WARRANT THAT IS PREPARED AND
ISSUED BY FEDERAL IMMIGRATION AUTHORITIES AND DIRECTS FEDERAL OFFICIALS
TO ARREST A NONCITIZEN FOR REMOVAL OR REMOVAL PROCEEDINGS.
(B) "IMMIGRATION DETAINER" SHALL MEAN A REQUEST, TYPICALLY ISSUED BY
FEDERAL IMMIGRATION AUTHORITIES TO LOCAL LAW ENFORCEMENT AGENCIES, TO
KEEP AN INDIVIDUAL IN CUSTODY FOR UP TO FORTY-EIGHT HOURS BEYOND WHEN
THE INDIVIDUAL IS SCHEDULED FOR RELEASE.
(C) "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.
§ 3. The education law is amended by adding a new section 409-o to
read as follows:
§ 409-O. AUTHORITY OF PUBLIC AND CHARTER SCHOOLS TO MAINTAIN A SAFE
EDUCATIONAL ENVIRONMENT. 1. PUBLIC AND CHARTER SCHOOL PERSONNEL SHALL
TAKE APPROPRIATE ACTION TO PREVENT UNAUTHORIZED LAW ENFORCEMENT ACTIVITY
ON SCHOOL GROUNDS, TO PROTECT STUDENTS' RIGHTS TO A SECURE LEARNING
ENVIRONMENT.
2. ALL COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOL, CITY SCHOOL
DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND CHARTER
SCHOOLS ARE PROHIBITED FROM ALLOWING LAW ENFORCEMENT OFFICIALS INSIDE
SCHOOL PROPERTY TO ACCESS A STUDENT OR OTHER PERSON FOR IMMIGRATION
ENFORCEMENT OR TO INQUIRE ABOUT CITIZENSHIP, IMMIGRATION STATUS, NATION-
ALITY, OR COUNTRY OF ORIGIN, EXCEPT TO ADDRESS AN IMMINENT SAFETY SITU-
ATION OR IF THEY PRESENT 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.
3. IF PRESENTED WITH A VALID COURT ORDER OR JUDICIAL WARRANT RELATED
TO IMMIGRATION ENFORCEMENT, BEFORE TAKING ANY OTHER ACTION, THE SCHOOL
PERSONNEL MUST ASK FOR IDENTIFICATION FROM ANY LAW ENFORCEMENT OFFICERS
PRESENTING A COURT ORDER OR JUDICIAL WARRANT AND PROVIDE THE SCHOOL'S
SUPERINTENDENT WITH THE COURT ORDER OR JUDICIAL WARRANT, AND SUCH SUPER-
INTENDENT SHALL FOLLOW ALL PROTOCOLS AND GUIDANCE ISSUED BY THE COMMIS-
SIONER RELATED TO AN IMMIGRATION ENFORCEMENT ACTION.
4. A SCHOOL SHALL IMMEDIATELY NOTIFY THE PARENT OR GUARDIAN OF THE
STUDENT WHO IS THE SUBJECT OF A COURT ORDER OR JUDICIAL WARRANT AUTHOR-
IZING AN IMMIGRATION ENFORCEMENT ARREST UNLESS SPECIFICALLY PROHIBITED
BY SUCH JUDICIAL WARRANT OR COURT ORDER.
5. NO RESOURCES OF ANY PUBLIC OR CHARTER SCHOOL SHALL BE UTILIZED FOR
IMMIGRATION ENFORCEMENT, INCLUDING THE TIME OF SCHOOL PERSONNEL AND
SCHOOL RESOURCE OFFICERS AND USE OF SCHOOL PROPERTY.
S. 4735--B 3
6. SCHOOL PERSONNEL, INCLUDING SCHOOL RESOURCE OFFICERS, SHALL BE
PROHIBITED FROM DISCLOSING STUDENT RECORDS CONTAINING IMMIGRATION STATUS
OR RELATED INFORMATION TO IMMIGRATION AUTHORITIES.
7. (A) THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS
NECESSARY TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION,
INCLUDING BUT NOT LIMITED TO, TRAINING FOR SCHOOL PERSONNEL ON HANDLING
LAW ENFORCEMENT REQUESTS, PROTOCOLS FOR IF LAW ENFORCEMENT REFUSES TO
IDENTIFY THEMSELVES OR DISREGARDS OTHER SCHOOL PERSONNEL EFFORTS TO
ABIDE BY THIS SUBDIVISION, AND APPROPRIATE METHODS FOR NOTIFYING A
PARENT OR GUARDIAN OF A STUDENT WHO IS THE TARGET OF AN IMMIGRATION
ENFORCEMENT ACTION.
(B) THE DEPARTMENT SHALL PUBLISH AN ANNUAL REPORT ON ENFORCEMENT
ACTIONS AFFECTING SCHOOLS, DETAILING THE NUMBER AND NATURE OF CIVIL
ARRESTS ATTEMPTED OR CONDUCTED ON SCHOOL PREMISES AND THEIR OUTCOME, AS
WELL AS ALL COMMUNICATIONS BETWEEN IMMIGRATION AUTHORITIES AND SCHOOL
PERSONNEL AND THEIR CONTENT.
8. PUBLIC AND CHARTER SCHOOLS SHALL PUBLICLY POST INFORMATION ABOUT
THE RIGHTS OF STUDENTS, STAFF, AND PARENTS UNDER THE PROVISIONS OF
THIS SECTION, AS WELL AS OTHER INFORMATION RELATED TO IMMIGRATION
ENFORCEMENT IN SCHOOLS AS DEEMED FIT BY THE COMMISSIONER.
§ 4. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
§ 5. This act shall take effect immediately.