Senate Bill S9104

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9104
 
                             I N  S E N A T E
 
                             February 3, 2026
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, the  correction  law  and  the  civil
   rights  law, in relation to immigration enforcement; and providing for
   the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Article 35 of the executive law is amended by adding a new
 section 847 to read as follows:
   § 847. LAW ENFORCEMENT COORDINATION IN  FEDERAL  IMMIGRATION  ENFORCE-
 MENT.   1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO STATE OR LOCAL
 LAW ENFORCEMENT AGENCY MAY ENTER INTO ANY  AGREEMENT  WITH  THE  FEDERAL
 GOVERNMENT  REGARDING  THE ENFORCEMENT OF FEDERAL CIVIL IMMIGRATION LAW,
 INCLUDING BUT NOT LIMITED TO AN AGREEMENT PURSUANT TO 8 USC 1357(G), FOR
 ANY PURPOSE OTHER THAN TO INFORM FEDERAL  OFFICIALS  OF  NONCITIZENS  IN
 THEIR  CUSTODY  AND  TO FACILITATE THE TRANSFER OF REMOVABLE NONCITIZENS
 WHO ARE IN THE CUSTODY OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMU-
 NITY SUPERVISION OR A LOCAL CORRECTIONAL FACILITY.
   2. NOTHING IN THIS SECTION SHALL PROHIBIT STATE OR LOCAL LAW  ENFORCE-
 MENT  FROM  COORDINATING  WITH  THE  FEDERAL GOVERNMENT, INCLUDING IMMI-
 GRATION OFFICIALS, FOR THE PURPOSE OF ASSISTING  WITH  SECURITY  AT  ANY
 DESIGNATED  PORT  OF  ENTRY OR ALONG THE CANADA-UNITED STATES BORDER, OR
 ASSISTING WITH THE EXECUTION OF A JUDICIAL WARRANT OR THE  INVESTIGATION
 OF A VIOLATION OF STATE OR FEDERAL CRIMINAL LAW.
   § 2. The correction law is amended by adding a new section 530 to read
 as follows:
   §  530.  RELEASE  OF  NONCITIZEN  INCARCERATED INDIVIDUALS FOR FEDERAL
 IMMIGRATION PURPOSES. 1. WHERE A DEPORTABLE NONCITIZEN IS IN THE CUSTODY
 OF A LOCAL CORRECTIONAL FACILITY PENDING TRIAL ON CHARGES  OF  AT  LEAST
 ONE FELONY, SUCH FACILITY MAY ONLY RELEASE SUCH NONCITIZEN TO THE CUSTO-
 DY OF IMMIGRATION OFFICIALS ON CONSENT OF THE DISTRICT ATTORNEY OR OTHER
 APPROPRIATE  PROSECUTING  AGENCY.  IMMEDIATELY  UPON RECEIVING A REQUEST
 FROM A FEDERAL AGENCY TO TAKE CUSTODY OF A NONCITIZEN IN THE CUSTODY  OF
 THE  LOCAL  CORRECTIONAL FACILITY, THE COUNTY SHERIFF OR COMMISSIONER OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14708-01-6
 S. 9104                             2

 THE DEPARTMENT OF CORRECTION OF THE CITY OF NEW YORK  SHALL  NOTIFY  THE
 APPROPRIATE PROSECUTING AGENCY OF THE REQUEST FROM THE FEDERAL AGENCY.
   2. NOTHING IN THIS SECTION SHALL PROHIBIT A LOCAL CORRECTIONAL FACILI-
 TY  OR  THE  DEPARTMENT  OF  CORRECTIONS  AND COMMUNITY SUPERVISION FROM
 RELEASING A  DEPORTABLE  NONCITIZEN  TO  FEDERAL  AUTHORITIES  UPON  THE
 COMPLETION OF SUCH NONCITIZEN'S SENTENCE OF INCARCERATION.
   §  3.  The  civil  rights law is amended by adding a new section 46 to
 read as follows:
   § 46. IMMIGRATION ENFORCEMENT  IN  SENSITIVE  LOCATIONS.  1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANING:
   (A) "SENSITIVE LOCATION" SHALL MEAN:
   (I) IN OR ON OR  WITHIN  ANY  BUILDING,  STRUCTURE,  ATHLETIC  PLAYING
 FIELD,  PLAYGROUND  OR  LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY
 LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE,  JUNIOR
 HIGH,  VOCATIONAL,  OR HIGH SCHOOL, OR ANY AREA ACCESSIBLE TO THE PUBLIC
 LOCATED WITHIN THREE HUNDRED FEET OF THE  REAL  PROPERTY  BOUNDARY  LINE
 COMPRISING  ANY  SUCH  SCHOOL  OR  ANY PARKED AUTOMOBILE OR OTHER PARKED
 VEHICLE LOCATED WITHIN THREE HUNDRED FEET OF THE REAL PROPERTY  BOUNDARY
 LINE  COMPRISING  ANY SUCH SCHOOL. FOR THE PURPOSES OF THIS PARAGRAPH AN
 "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN SIDEWALKS,  STREETS,  PARKING
 LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS;
   (II)  IN  OR  ON  OR  WITHIN ANY BUILDING, STRUCTURE, ATHLETIC PLAYING
 FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE  REAL  PROPERTY  BOUNDARY
 LINE OF A PUBLIC OR PRIVATE FACILITY HOUSING A PROGRAM THAT IS LICENSED,
 REGULATED,  CERTIFIED,  FUNDED OR APPROVED BY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES THAT PROVIDES SERVICES TO CHILDREN, OR YOUTH,  A  CHILD-
 CARE  PROVIDER, NURSERY, PRESCHOOL, OR SUMMER CAMP, OR ANY AREA ACCESSI-
 BLE TO THE PUBLIC LOCATED WITHIN THREE HUNDRED FEET OF THE REAL PROPERTY
 BOUNDARY LINE COMPRISING ANY SUCH FACILITY OR ANY PARKED  AUTOMOBILE  OR
 OTHER PARKED VEHICLE LOCATED WITHIN THREE HUNDRED FEET OF THE REAL PROP-
 ERTY  BOUNDARY  LINE  COMPRISING  ANY SUCH FACILITY. FOR THE PURPOSES OF
 THIS PARAGRAPH AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN  SIDEWALKS,
 STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS;
   (III)  A  HEALTH  CARE  FACILITY, INCLUDING ANY LOCATION THAT PROVIDES
 HEALTH OR BEHAVIORAL HEALTH SERVICES; AND
   (IV) A HOUSE OF WORSHIP, WHICH SHALL MEAN ANY  BUILDING  OR  STRUCTURE
 THAT A REASONABLE PERSON WOULD KNOW THAT RELIGIOUS ADHERENTS COLLECTIVE-
 LY  RECOGNIZE  AS  A  PLACE TO REGULARLY GATHER FOR OR TO HOLD RELIGIOUS
 WORSHIP ACTIVITIES OR PROVIDE RELIGIOUS EDUCATION OR  INSTRUCTION,  SUCH
 AS A CHURCH, SYNAGOGUE, TEMPLE, OR MOSQUE.
   (B)   "CIVIL  IMMIGRATION  ENFORCEMENT"  SHALL  MEAN  ANY  IMMIGRATION
 ENFORCEMENT ACTION OTHER THAN ENFORCEMENT OF STATE OR  FEDERAL  CRIMINAL
 LAW.
   2. NO PERSON MAY ENTER A SENSITIVE LOCATION FOR THE PURPOSE OF DETAIN-
 ING  AN  INDIVIDUAL AS PART OF A NON-CRIMINAL CIVIL IMMIGRATION ENFORCE-
 MENT ACTION, UNLESS SUCH PERSON PRESENTS A VALID JUDICIAL WARRANT ISSUED
 BY A FEDERAL COURT ESTABLISHED UNDER ARTICLE III OF  THE  UNITED  STATES
 CONSTITUTION.
   3.  THE ATTORNEY GENERAL, AN INDIVIDUAL, OR THE OWNER OR OPERATOR OF A
 SENSITIVE LOCATION MAY APPLY FOR AN ORDER TO THE SUPREME  COURT  OF  THE
 STATE OF NEW YORK TO OBTAIN APPROPRIATE EQUITABLE AND DECLARATORY RELIEF
 WITH RESPECT TO ANY VIOLATION OF THIS SECTION.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed one year after such date.