Senate Bill S7960

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7960
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the public authorities law and the tax law, in  relation
   to  enacting the "state airport facilities enforcing accountability in
   immigration removals (SAFE AIR) act"

   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 "state airport facilities enforcing  accountability  in  immigration
 removals (SAFE AIR) act".
   §  2. Legislative findings. The legislature finds that the due process
 protections afforded by the United States Constitution  must  extend  to
 all  individuals within the state of New York. Deportations and removals
 executed without proper documentation or due process,  including  trans-
 portation  of individuals without judicial warrants, erode public trust,
 infringe upon civil liberties, and  place  transportation  providers  at
 legal  and  ethical  risk.  It is the policy of the state of New York to
 ensure that state resources are not used  to  facilitate  such  actions.
 This  act is intended to exercise the state's proprietary authority over
 the operation of its airports and the allocation of  public  funds,  and
 does not seek to regulate immigration or interfere with federal enforce-
 ment authority.
   §  3.  The  public  authorities law is amended by adding a new section
 2879-d to read as follows:
   § 2879-D. AIRLINE COMPLIANCE WITH DUE PROCESS STANDARDS.  1. NO  STATE
 AGENCY,  DEPARTMENT,  AUTHORITY, PUBLIC BENEFIT CORPORATION, OR LOCALITY
 SHALL ENTER INTO, RENEW, OR EXTEND ANY CONTRACT, GRANT,  OR  COOPERATIVE
 AGREEMENT  WITH  ANY  COMMERCIAL  AIRLINE  THAT  TRANSPORTS  INDIVIDUALS
 DETAINED BY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT FOR THE PURPOSE  OF
 DEPORTATION WITHOUT:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11770-03-5
 S. 7960                             2
              

 
   (A)  PRESENTATION  OF  A  VALID  JUDICIAL WARRANT OR ORDER ISSUED BY A
 FEDERAL JUDGE OR MAGISTRATE, NOT  INCLUDING  ADMINISTRATIVE  IMMIGRATION
 DETAINERS ISSUED BY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; AND
   (B)  DEMONSTRATION THAT SUCH INDIVIDUALS HAVE BEEN AFFORDED ALL APPLI-
 CABLE RIGHTS TO DUE PROCESS UNDER FEDERAL AND STATE LAW,  INCLUDING  THE
 RIGHT TO COUNSEL AND A HEARING BEFORE AN IMMIGRATION JUDGE.
   2.  NOTHING  IN  SUBDIVISION ONE OF THIS SECTION SHALL BE CONSTRUED TO
 PROHIBIT OR PENALIZE ANY AIRLINE FOR COMPLYING WITH A VALID COURT  ORDER
 OR  LAWFUL  FEDERAL MANDATE AND SHALL NOT CREATE A DUTY TO REFUSE LAWFUL
 FEDERAL REQUESTS.
   3. THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE THE  PROVISIONS
 OF THIS SECTION, INCLUDING TO SEEK INJUNCTIVE RELIEF OR CIVIL PENALTIES.
   § 4. Paragraph 9 of subdivision (a) of section 1115 of the tax law, as
 added by chapter 93 of the laws of 1965, is amended to read as follows:
   (9)  (I)  Fuel sold to an [air line] AIRLINE for use in its airplanes;
 PROVIDED, HOWEVER THAT THE EXEMPTION  UNDER  THIS  PARAGRAPH  SHALL  NOT
 APPLY TO FUEL SOLD TO ANY COMMERCIAL AIRLINE THAT TRANSPORTS INDIVIDUALS
 DETAINED  BY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT FOR THE PURPOSE OF
 DEPORTATION WITHOUT:
   (A) PRESENTATION OF A VALID JUDICIAL WARRANT  OR  ORDER  ISSUED  BY  A
 FEDERAL  JUDGE  OR  MAGISTRATE, NOT INCLUDING ADMINISTRATIVE IMMIGRATION
 DETAINERS ISSUED BY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; AND
   (B) DEMONSTRATION THAT SUCH INDIVIDUALS HAVE BEEN AFFORDED ALL  APPLI-
 CABLE  RIGHTS  TO DUE PROCESS UNDER FEDERAL AND STATE LAW, INCLUDING THE
 RIGHT TO COUNSEL AND A HEARING BEFORE AN IMMIGRATION JUDGE.
   (II) NOTHING IN SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE  CONSTRUED
 TO  PROHIBIT  OR  PENALIZE  ANY AIRLINE FOR COMPLYING WITH A VALID COURT
 ORDER OR LAWFUL FEDERAL MANDATE AND SHALL NOT CREATE A  DUTY  TO  REFUSE
 LAWFUL FEDERAL REQUESTS.
   §  5.  If  any clause, sentence, paragraph, subdivision, or section 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, or section thereof  directly  involved
 in  the  controversy in which such judgment 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.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment 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.