Senate Bill S8523

2025-2026 Legislative Session

Protects New Yorkers from unnecessary inquiry into immigration status and restricting federal immigration authorities' access to state buildings

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Current Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 03, 2025	referred to rules

2025-S8523 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Civil Rights Law
Laws Affected:: Add Art 5-B §§58 - 59-a, Civ Rts L

2025-S8523 (ACTIVE) - Summary

Protects New Yorkers from unnecessary inquiry into immigration status by state agencies, employees, or departments and restricts the access of federal immigration authorities' to state buildings.

2025-S8523 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8523

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to protecting New
Yorkers from unnecessary inquiry into immigration status and restricting
federal immigration authorities' access to state buildings

 
PURPOSE:

To protect the privacy and civil rights of all New Yorkers, particularly
undocumented noncitizens, by limiting unnecessary inquiries into immi-
gration status by state personnel and by ensuring federal immigration
authorities cannot detain individuals within state buildings without
judicial oversight.

 
SUMMARY OF PROVISIONS:

This bill adds a new Article 5-B, titled the Noncitizen Protection and
Public Safety Act, to the Civil Rights Law:

*Section 58 defines key terms such as "undocumented noncitizen," "ille-
gal activity," "state facility," "judicial warrant," and "judicial
order."

*Section 59 prohibits state officers and employees, including law
enforcement, from inquiring into an individual's immigration status
except when required by law or necessary for eligibility determinations.
It also limits the sharing of immigration status information with feder-
al authorities unless legally mandated.

*Section 59-a restricts federal immigration authorities from making
civil arrests inside state facilities unless they present a valid judi-
cial warrant or order, or the arrest is directly related to a proceeding
within the facility.

 
JUSTIFICATION:

Across New York State, the rights and privacy of undocumented individ-
uals are often undermined by a patchwork of inconsistent policies
regarding cooperation with federal immigration authorities.  This can
foster confusion, fear, and distrust of public institutions, weakening
public safety and community engagement.

This legislation seeks to codify and strengthen protections outlined in
Executive Order 170, which was signed to prevent state agencies and
officers from inquiring about an individual's immigration status except
when required by law or necessary for program eligibility, and to limit
the use of state resources for federal immigration enforcement. By
enshrining these principles in law, the bill ensures these protections
cannot be easily revoked or modified by future administrations, provid-
ing long-term security and clarity for immigrant New Yorkers.

The need for this legislation is urgent and clear: fear of immigration
enforcement discourages individuals from reporting crimes, cooperating
with law enforcement, and accessing essential services.  When undocu-
mented individuals hesitate to engage with public agencies due to
concerns over their immigration status, public safety, and public health
suffer for all New Yorkers. Establishing clear, uniform rules for how
state employees and law enforcement interact with federal immigration
authorities will build community trust, promote cooperation, and ensure
that state resources are dedicated to the safety and well-being of all
residents - not federal civil immigration enforcement - especially in
this political climate, where shifting federal policies and rhetoric
have only deepened uncertainty and fear for immigrant communities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8523 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8523
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              October 3, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend  the  civil rights law, in relation to protecting New
   Yorkers from unnecessary inquiry into immigration status and restrict-
   ing federal immigration authorities' access to state buildings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by adding a new article 5-B
 to read as follows:
                                ARTICLE 5-B
                NONCITIZEN PROTECTION AND PUBLIC SAFETY ACT
 SECTION 58. DEFINITIONS.
 59. RESPECTING  THE  PRIVACY  OF  PERSONAL  INFORMATION  BY AGENCIES AND
       AUTHORITIES.
 59-A. FEDERAL IMMIGRATION AUTHORITIES ACCESS TO STATE BUILDINGS.
   § 58. DEFINITIONS. FOR THE PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "UNDOCUMENTED NONCITIZEN" SHALL MEAN ANY PERSON WHO IS NOT A CITI-
 ZEN OR NATIONAL OF THE UNITED STATES RESIDING WITHIN THE  UNITED  STATES
 AND DOES NOT HOLD A VALID STUDENT, WORK, OR OTHER VISA OR OTHERWISE DOES
 NOT HOLD DOCUMENTED IMMIGRATION STATUS;
   2.  "ILLEGAL  ACTIVITY"  SHALL MEAN ANY UNLAWFUL ACTIVITY THAT CONSTI-
 TUTES A CRIME UNDER STATE OR FEDERAL LAW. AN INDIVIDUAL'S STATUS  AS  AN
 UNDOCUMENTED NONCITIZEN ALONE SHALL NOT CONSTITUTE "ILLEGAL ACTIVITY";
   3. "STATE FACILITY" SHALL MEAN ANY BUILDING, OR PART THEREOF, OWNED OR
 LEASED BY ANY OF THE FOLLOWING STATE ENTITIES: (I) ANY AGENCY OR DEPART-
 MENT  OVER WHICH THE GOVERNOR HAS EXECUTIVE AUTHORITY OR (II) ANY PUBLIC
 BENEFIT CORPORATIONS, PUBLIC AUTHORITY, BOARD, OR COMMISSION  FOR  WHICH
 THE GOVERNOR APPOINTS THE CHAIR, CHIEF EXECUTIVE, OR THE MAJORITY OF THE
 BOARD MEMBERS, EXCEPT THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11690-01-5
 S. 8523                             2

 
   4.  "JUDICIAL  WARRANT"  SHALL  MEAN  A WARRANT ISSUED BY A MAGISTRATE
 SITTING IN THE JUDICIAL BRANCH OF LOCAL, STATE, OR  FEDERAL  GOVERNMENT;
 AND
   5. "JUDICIAL ORDER" SHALL MEAN AN ORDER ISSUED BY A MAGISTRATE SITTING
 IN THE JUDICIAL BRANCH OF LOCAL, STATE, OR FEDERAL GOVERNMENT.
   §  59.  RESPECTING THE PRIVACY OF PERSONAL INFORMATION BY AGENCIES AND
 AUTHORITIES.  1. NO STATE OFFICER OR EMPLOYEE, OTHER THAN  LAW  ENFORCE-
 MENT  OFFICERS  AS  PROVIDED IN SUBDIVISION THREE OF THIS SECTION, SHALL
 INQUIRE ABOUT AN INDIVIDUAL'S IMMIGRATION STATUS UNLESS:
   A. THE STATUS OF SUCH  INDIVIDUAL  IS  NECESSARY  TO  DETERMINE  THEIR
 ELIGIBILITY FOR A PROGRAM, BENEFIT, OR THE PROVISION OF A SERVICE; OR
   B.  THE  STATE OFFICER OR EMPLOYEE IS REQUIRED BY LAW TO INQUIRE ABOUT
 SUCH INDIVIDUAL'S STATUS.
   2. STATE OFFICERS AND EMPLOYEES, INCLUDING LAW  ENFORCEMENT  OFFICERS,
 SHALL  NOT  DISCLOSE  INFORMATION TO FEDERAL IMMIGRATION AUTHORITIES FOR
 THE PURPOSE OF FEDERAL CIVIL IMMIGRATION ENFORCEMENT, UNLESS REQUIRED BY
 LAW OR JUDICIAL WARRANT OR ORDER. NOTWITHSTANDING SUCH PROHIBITION, THIS
 SECTION SHALL NOT PROHIBIT, OR IN ANY WAY RESTRICT, ANY  STATE  EMPLOYEE
 FROM  SENDING  TO,  OR  RECEIVING FROM, FEDERAL IMMIGRATION AUTHORITIES,
 INFORMATION REGARDING THE CITIZENSHIP OR IMMIGRATION STATUS,  LAWFUL  OR
 UNLAWFUL, OF ANY INDIVIDUAL, AS REQUIRED BY LAW.
   3.  NO  LAW  ENFORCEMENT  OFFICER  SHALL INQUIRE ABOUT AN INDIVIDUAL'S
 IMMIGRATION STATUS UNLESS INVESTIGATING SUCH INDIVIDUAL'S ILLEGAL ACTIV-
 ITY, PROVIDED, HOWEVER, THAT SUCH INQUIRY IS  RELEVANT  TO  THE  ILLEGAL
 ACTIVITY UNDER INVESTIGATION. NOTHING IN THIS SECTION SHALL RESTRICT LAW
 ENFORCEMENT OFFICERS FROM SEEKING DOCUMENTS FOR THE PURPOSE OF IDENTIFI-
 CATION FOLLOWING ARREST.
   A.  THE  PROHIBITION AGAINST INQUIRING INTO STATUS UNDER THIS SUBDIVI-
 SION SHALL INCLUDE, BUT NOT BE LIMITED TO, INSTANCES WHERE AN INDIVIDUAL
 APPROACHES A LAW ENFORCEMENT OFFICER SEEKING ASSISTANCE, IS  THE  VICTIM
 OF A CRIME, OR IS WITNESS TO A CRIME.
   B.  LAW ENFORCEMENT OFFICERS SHALL NOT USE STATE RESOURCES, EQUIPMENT,
 OR PERSONNEL FOR THE PURPOSE OF DETECTING AND APPREHENDING ANY  INDIVID-
 UAL  SUSPECTED  OF  OR  WANTED  ONLY  FOR  VIOLATING A CIVIL IMMIGRATION
 OFFENSE.  LAW ENFORCEMENT OFFICERS SHALL NOT HAVE AUTHORITY TO TAKE  ANY
 POLICE  ACTION  SOLELY  BECAUSE  A PERSON IS AN UNDOCUMENTED NONCITIZEN,
 INCLUDING, BUT NOT LIMITED TO, IDENTIFYING, QUESTIONING,  DETAINING,  OR
 DEMANDING TO INSPECT FEDERAL IMMIGRATION DOCUMENTS.
   §  59-A.  FEDERAL IMMIGRATION AUTHORITIES ACCESS TO STATE BUILDINGS. A
 CIVIL ARREST BY FEDERAL IMMIGRATION AUTHORITIES SHALL ONLY  BE  EXECUTED
 WITHIN  STATE FACILITIES WHEN ACCOMPANIED BY A JUDICIAL WARRANT OR JUDI-
 CIAL ORDER AUTHORIZING SUCH FEDERAL IMMIGRATION AUTHORITIES TO TAKE INTO
 CUSTODY THE PERSON WHO IS THE SUBJECT OF SUCH WARRANT, UNLESS SUCH CIVIL
 ARREST IS RELATED TO A PROCEEDING WITHIN SUCH FACILITY.
   § 2. This act shall take effect immediately.

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Senate Bill S8523

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

Actions

2025-S8523 (ACTIVE) - Details

2025-S8523 (ACTIVE) - Summary

2025-S8523 (ACTIVE) - Sponsor Memo

2025-S8523 (ACTIVE) - Bill Text download pdf

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Rules Committee

Actions

2025-S8523 (ACTIVE) - Details

2025-S8523 (ACTIVE) - Summary

2025-S8523 (ACTIVE) - Sponsor Memo

2025-S8523 (ACTIVE) - Bill Text download pdf

Comments