Legislation

§ 29. Sensitive locations. 1. Definitions. For purposes of this
section, the following terms shall have the following meanings:

(a) "Sensitive location" means a privately owned or operated:

(i) location of any program licensed, regulated, certified, funded, or
approved by the office of children and family services that provides
services to children, youth, or young adults, any legally exempt
childcare provider, a childcare program for which a permit to operate
such program has been issued by the New York city department of health
and mental hygiene pursuant to the health code of the city of New York;

(ii) health care facility, including a doctor's office, hospital, or
any location providing health or behavioral health services;

(iii) house of worship, which means any building or structure that a
reasonable person would know that religious adherents collectively
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;

(iv) housing accommodation;

(v) non-public school;

(vi) private school established under chapter eight hundred
fifty-three of the laws of nineteen hundred seventy-six, or
state-supported school established in accordance with article
eighty-five of the education law;

(vii) not-for-profit or for-profit higher education institution;

(viii) nursery school;

(ix) summer camp;

(x) senior center;

(xi) park, playground, athletic field, or recreation center; or

(xii) location being utilized as a polling place in connection with
the conduct of an election for an elected position in any government.

(b) "Deny access" means declining to grant permission to enter and
declining to facilitate the entry of an individual to a sensitive
location.

(c) "Housing accommodation" means any building, structure, or portion
thereof which is used or occupied or is intended, arranged, or designed
to be used or occupied, as the home, residence, or sleeping place of one
or more human beings.

(d) "Immigration enforcement" has the same meaning as such term is
defined in section three hundred nineteen of the executive law.

2. Sensitive locations for immigration enforcement. (a) A sensitive
location is empowered to adopt policies and/or procedures, to the
maximum extent allowable under law, to deny access to any portion of the
sensitive location that is not accessible to the general public to any
individual seeking access for the purposes of immigration enforcement.
Any such policy or procedure shall not overcome any circumstance in
which the individual seeking access for the purposes of immigration
enforcement presents a court order issued by a judge appointed pursuant
to Article III of the United States Constitution or a federal magistrate
judge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant
issued by a judge appointed pursuant to Article III of the United States
Constitution or a federal magistrate judge appointed pursuant to 28
U.S.C. § 631 authorizing them to take into custody the person who is the
subject of such warrant or judicial order.

(b) A sensitive location shall not be liable under state law if it
adopts any policy or practice of denying, or chooses to deny, access to
any portion of a sensitive location that is not accessible to the
general public to any individual seeking access for the purposes of
civil immigration enforcement without presenting a court order issued by
a judge appointed pursuant to Article III of the United States
Constitution or a federal magistrate judge appointed pursuant to 28
U.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant
to Article III of the United States Constitution or a federal magistrate
judge appointed pursuant to 28 U.S.C. § 631 authorizing them to take
into custody the person who is the subject of such warrant or judicial
order.

3. Enforcement. The attorney general, the office of immigrant trust in
the department of law, an individual, or the owner or operator of the
sensitive location, including a local or state governmental entity that
operates out of a sensitive location, may apply for an order to the
supreme court of the state of New York to obtain appropriate injunctive
and declaratory relief with respect to any violation of this section.

4. Nothing in this section shall be construed to exempt entities
covered by this article from the requirements of article fifteen-AA of
the executive law, section thirty-two hundred one-b of the education
law, and article nineteen-D of the general municipal law, if otherwise
applicable.

5. The provisions of this section shall apply notwithstanding any
other provisions of state or local law, charter, code, ordinance,
resolution, rule, or regulation to the contrary. Provided, however, that
nothing in this article shall be construed to prevent or restrict the
state government from adopting, enacting, or enforcing state policies or
a local government from adopting, enacting, or enforcing local policies,
laws, resolutions, ordinances, or regulations which comply with at least
the applicable standards or requirements of this section, or which
exceed the provisions of this section, or which further restrict the
ability of state government or local government personnel to participate
in immigration enforcement beyond the requirements set forth in the
chapter of the laws of two thousand twenty-six that added this section.