Senate Bill S8522

                                 
BILL NUMBER: S8522

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the civil rights law and the public health law, in
relation to prohibiting federal immigration officers acting within the
scope of their employment from entering hospitals

 
PURPOSE:

To prohibit the entry of ICE in public hospitals, emergency rooms, or
healthcare facilities across the State of New York, unless a valid judi-
cial warrant is presented.

 
SUMMARY OF PROVISIONS:

Section 1. Establishes the short title of the bill as the "Sanctuary
Hospitals Act".

Section 2. Adds a new section 29 in the civil rights law which protects
people receiving care, employed at, or otherwise present at a hospital
              

and its premises from a civil arrest unless for a valid judicial warrant
or order.

Section 3. Adds a new section 2832 in the public health law which
prohibits hospitals in the state of New York from allowing federal immi-
gration officers acting within the scope of their employment onto their
premises unless of the receipt of a valid judicial warrant.  The commis-
sioner shall enforce all rules and regulations necessary to ensure
compliance, including training on handling ICE.

Section 4. Sets an immediate effective date.

 
JUSTIFICATION:

The Federal Executive administration has launched an attack on undocu-
mented people, doing everything in their power to lift legal protections
previously allotted to those under said migratory status.  Recently,
there was a dangerous change in Federal policy regarding the elimination
of "protected areas" as a designation by the Department of Homeland
Security. This allows Immigration and Customs Enforcement (ICE) agents
to carry out their spontaneous tactics based on fear mongering and
intimidation to hunt undocumented people in Hospitals and Healthcare
facilities. As New York State works on protecting the dignity and human-
ity of all of its people, it is crucial to safeguard those who are most
vulnerable. Any human being within the State of New York has the right
to seek emergency and necessary medical care services without the fear
of getting apprehended by ICE.  No one in New York State should be
discouraged from seeking the health care they need because of worries
about their migrant status.

This bill would directly address the call for crucial protections of
undocumented people in our public health care facilities. Hospitals,
emergency rooms, and healthcare facilities would not allow for the spon-
taneous entry of Immigration and Customs Enforcement. ICE would have to
present a valid judicial warrant specifically authorizing them to enter.
In the case in which they do provide a valid court-issued warrant,
health facility administrators must be notified in advance and shall be
afforded the opportunity to consult with legal counsel. Furthermore, the
State Department of Health shall establish and distribute educational
materials that inform healthcare facilities, healthcare providers, and
patients of their rights.

 
FISCAL IMPACT:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.