S T A T E O F N E W Y O R K
________________________________________________________________________
8539
2025-2026 Regular Sessions
I N S E N A T E
October 22, 2025
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to the use of state or
municipal property for civil immigration enforcement activity and
providing protections for persons on such property
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 "New York state ICE-free zones act".
§ 2. The executive law is amended by adding a new subdivision 170-k to
read as follows:
§ 170-K. CIVIL IMMIGRATION ENFORCEMENT ACTIVITY ON STATE OR MUNICIPAL
PROPERTY. 1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "STATE OR MUNICIPAL PROPERTY" MEANS ANY REAL PROPERTY OR FACILITY
OWNED, LEASED, CONTROLLED, OR MANAGED BY THE STATE OR ANY MUNICIPAL
SUBDIVISION THEREOF OR BY ANY DEPARTMENT, BUREAU, BOARD, COMMISSION,
AUTHORITY OR ANY OTHER AGENCY OR INSTRUMENTALITY OF THE STATE OR ANY
MUNICIPAL SUBDIVISION THEREOF.
(B) "CIVIL IMMIGRATION ENFORCEMENT ACTIVITY" MEANS DETENTION, ARREST,
QUESTIONING, PROCESSING, TRANSPORTATION, OR SURVEILLANCE CONDUCTED BY
UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR ANY FEDERAL OFFICER
OR EMPLOYEE WHO IS RESPONSIBLE FOR ENFORCEMENT OF THE FEDERAL IMMI-
GRATION AND NATIONALITY ACT, IN CONNECTION WITH CIVIL REMOVAL
PROCEEDINGS; PROVIDED, HOWEVER, THAT "CIVIL IMMIGRATION ENFORCEMENT
ACTIVITY" DOES NOT INCLUDE ANY SUCH ACTION CONDUCTED WITH A VALID JUDI-
CIAL WARRANT.
(C) "IMMIGRATION ENFORCEMENT OFFICER" MEANS ANY FEDERAL OFFICER OR
EMPLOYEE WHO IS RESPONSIBLE FOR ENFORCEMENT OF THE FEDERAL IMMIGRATION
AND NATIONALITY ACT, IN CONNECTION WITH CIVIL REMOVAL PROCEEDINGS, AND
SHALL INCLUDE ANY EMPLOYEE OF THE UNITED STATES IMMIGRATION AND CUSTOMS
ENFORCEMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13944-01-5
S. 8539 2
(D) "JUDICIAL WARRANT" MEANS A WARRANT OR ORDER THAT IS SIGNED BY A
UNITED STATES DISTRICT JUDGE OR FEDERAL MAGISTRATE JUDGE AND THAT DEMON-
STRATES PROBABLE CAUSE TO BELIEVE AN INDIVIDUAL HAS COMMITTED A CRIME OR
OFFENSE.
(E) "DESIGNATED SIGNAGE" MEANS SIGNAGE, POSTED IN CONSPICUOUS
LOCATIONS, STATING THAT PROPERTY MAY NOT BE USED FOR CIVIL IMMIGRATION
ENFORCEMENT ACTIVITY.
(F) "RESPONSIBLE OFFICIAL" MEANS THE PERSON OR OFFICE, OR THE DESIGNEE
OF SUCH PERSON OR OFFICE, WITH OPERATIONAL RESPONSIBILITY FOR THE STATE
OR MUNICIPAL PROPERTY. "RESPONSIBLE OFFICIAL" SHALL INCLUDE, BUT NOT BE
LIMITED TO, FACILITY MANAGERS AND SUPERINTENDENTS OF SUCH PROPERTY.
2. NO STATE OR MUNICIPAL PROPERTY MAY BE USED, OCCUPIED, LEASED,
LOANED, OR OTHERWISE MADE AVAILABLE, WHETHER TEMPORARILY OR PERMANENTLY,
FOR CIVIL IMMIGRATION ENFORCEMENT ACTIVITY UNLESS SUCH CIVIL IMMIGRATION
ENFORCEMENT ACTIVITY IS CONDUCTED PURSUANT TO A VALID JUDICIAL WARRANT
WHICH SPECIFIES THAT SUCH ACTIVITY MAY BE CONDUCTED AT A PARTICULAR
PROPERTY FOR A SPECIFIED CIVIL IMMIGRATION ENFORCEMENT ACTIVITY.
3. (A) WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE RESPONSIBLE OFFICIAL OF EACH STATE OR MUNICIPAL PROPERTY SHALL
PROVIDE DESIGNATED SIGNAGE AT ENTRANCES OF SUCH PROPERTY OR NEAR STAGING
AREAS, PARKING LOTS, OR OTHER AREAS OF SUCH PROPERTY THAT ARE ACCESSIBLE
TO THE PUBLIC OR FEDERAL PERSONNEL STATING THAT SUCH PROPERTY IS PUBLIC-
LY OWNED AND MAY NOT BE USED FOR CIVIL IMMIGRATION ENFORCEMENT ACTIVITY
BY IMMIGRATION ENFORCEMENT OFFICERS WITHOUT A VALID JUDICIAL WARRANT.
(B) IN ADDITION TO THE SIGNAGE REQUIRED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, THE RESPONSIBLE OFFICIAL MAY ALSO PLACE PHYSICAL
BARRIERS AS APPROPRIATE TO RESTRICT ACCESS TO PARTS OF STATE OR MUNICI-
PAL PROPERTY THAT ARE NOT INTENDED FOR PUBLIC ACCESS; PROVIDED, HOWEVER,
THAT SUCH PHYSICAL BARRIERS SHALL NOT UNREASONABLY INTERFERE WITH THE
NORMAL PUBLIC USE OF SUCH STATE OR MUNICIPAL PROPERTY.
4. NO PERSON PRESENT ON STATE OR MUNICIPAL PROPERTY SHALL BE SUBJECT
TO QUESTIONING, DETENTION, OR ARREST BY AN IMMIGRATION ENFORCEMENT OFFI-
CER UNLESS THE IMMIGRATION ENFORCEMENT OFFICER PRESENTS A VALID JUDICIAL
WARRANT APPLICABLE TO SUCH PERSON OR LOCATION.
5. ANY RESPONSIBLE OFFICIAL WHO BECOMES AWARE OF AN ATTEMPTED OR ACTU-
AL VIOLATION OF SUBDIVISION FOUR OF THIS SECTION SHALL NOTIFY THE ATTOR-
NEY GENERAL WHO MAY INVESTIGATE AND BRING AN ACTION IN THE STATE SUPREME
COURT AND MAY RECOVER ANY REASONABLE COSTS INCURRED AS A RESULT OF
INVESTIGATION.
6. THIS SECTION IS INTENDED TO REGULATE THE USE OF STATE OR MUNICIPAL
PROPERTY AND SHALL NOT BE CONSTRUED TO REGULATE THE CONDUCT OF FEDERAL
AGENCIES IN FEDERAL TERRITORIES.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.