Legislation
SECTION 319-A
Restrictions on immigration enforcement by state employees
Executive (EXC) CHAPTER 18, ARTICLE 15-AA
§ 319-a. Restrictions on immigration enforcement by state employees.
1. No state employee shall use state resources, including, but not
limited to, time spent while on duty or any property or facilities owned
or operated by or under the control of the state entity, for immigration
enforcement purposes.
2. No state employee shall disclose to an immigration authority or any
employee thereof an individual's personally identifiable information,
including, but not limited to, a person's name, social security number,
physical description, any associated addresses, telephone number,
financial information, medical information, or place of employment or
education except as provided in subdivision nine of this section.
3. No state employee shall question, investigate, or interrogate an
individual solely on the basis of an immigration detainer, a civil
immigration warrant, or for the sole purpose of immigration enforcement.
4. No state employee shall inquire about a person's citizenship,
immigration status, nationality, or country of origin, except as
provided in subdivision nine of this section or as necessary to
administer a public program or benefit sought by such person; or when
registering an individual to vote and other election related matters.
5. No state employee shall collect information about a person's
citizenship, immigration status, nationality, or country of origin,
except as provided in subdivision nine of this section or as necessary
to administer a public program or benefit sought by such person; or when
registering an individual to vote and other election related matters.
6. (a) (i) No state employee shall grant permission to access or
facilitate access to non-public areas of property or facilities owned or
operated by or under the control of the state entity to an immigration
authority or any employee thereof engaging in immigration enforcement
except as provided in subdivision nine of this section.
(ii) Provided, however, that no state entity or state government
employee shall grant permission to access or facilitate access to a
polling location to an immigration authority or any employee thereof
engaging in immigration enforcement where doing so would violate 18 §§
U.S.C. 592, 595, 52 U.S.C. § 10307(b), the Fourteenth Amendment of the
United States Constitution, or the Fifteenth Amendment of the United
States Constitution, except as provided in subdivision nine of this
section.
(b) Each state entity shall implement policies and/or procedures for
all relevant employees in the event that a judicial warrant or court
order is presented for access to non-public areas, including the
protocol to verify the sufficiency of any judicial warrant or court
order to ensure such judicial warrant or court order complies with the
provisions of this section prior to permitting access to any non-public
areas. Such policies and/or procedures shall include a designated
contact for such inquiries. Nothing in this paragraph shall abrogate or
otherwise change any legal privileges, including, but not limited to,
the attorney client privilege, that may apply to such inquires.
7. No state employee shall use an immigration authority or any
employee thereof as an interpreter or translator for law enforcement
matters relating to individuals that such entities or employees interact
with as part of their employment duties.
8. The provisions of this section shall not be construed to prohibit
or restrict state entities or state employees from sending to or
receiving from the United States department of homeland security or any
other federal, state, or local governmental entity information regarding
the citizenship or immigration status of an individual pursuant to 8
U.S.C. § 1373.
9. The provisions of this article shall not prohibit state employees
from complying with court orders 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 judicial warrants issued
by a judge appointed pursuant to Article III of the United States
Constitution or federal magistrate judge appointed pursuant to 28 U.S.C.
§ 631, or complying with requirements under existing law.
10. The provisions of this article shall apply notwithstanding any
other provisions of state or local law and shall not be construed to in
any way to expand the authority of state employees to participate in
immigration enforcement.
11. Nothing in this article shall be construed to prevent state
entities from adopting policies which exceed the provisions of this
article or further restrict state entities or state employees from
participation in immigration enforcement beyond the requirements set
forth in this article.
12. For any databases operated by a state entity, including databases
maintained for a state entity by private vendors, the attorney general
shall, by the first of January following the effective date of this
article, in consultation with appropriate stakeholders, publish guidance
and training recommendations aimed at ensuring that such databases are
governed in a manner that limits the availability of information
contained therein, to the fullest extent practicable and consistent with
federal and state law including, but not limited to, 8 U.S.C. § 1373, to
anyone or any entity for the purpose of immigration enforcement. All
state entities may adopt necessary changes to database governance
policies consistent with such guidance.
13. The office of employee relations shall develop training covering
the requirements of this article no later than one hundred twenty days
after its effective date and shall ensure that such training is made
available to state entities as defined in section three hundred nineteen
of this article so that state employees shall receive training relevant
to their required role in implementing this article. Such training shall
be conducted during the employee's regular working hours and employees
shall receive compensation at their regular rate of pay for any time
spent participating in such training. Subsequent training for required
employees shall be provided within sixty days of hire, and annually
thereafter.
1. No state employee shall use state resources, including, but not
limited to, time spent while on duty or any property or facilities owned
or operated by or under the control of the state entity, for immigration
enforcement purposes.
2. No state employee shall disclose to an immigration authority or any
employee thereof an individual's personally identifiable information,
including, but not limited to, a person's name, social security number,
physical description, any associated addresses, telephone number,
financial information, medical information, or place of employment or
education except as provided in subdivision nine of this section.
3. No state employee shall question, investigate, or interrogate an
individual solely on the basis of an immigration detainer, a civil
immigration warrant, or for the sole purpose of immigration enforcement.
4. No state employee shall inquire about a person's citizenship,
immigration status, nationality, or country of origin, except as
provided in subdivision nine of this section or as necessary to
administer a public program or benefit sought by such person; or when
registering an individual to vote and other election related matters.
5. No state employee shall collect information about a person's
citizenship, immigration status, nationality, or country of origin,
except as provided in subdivision nine of this section or as necessary
to administer a public program or benefit sought by such person; or when
registering an individual to vote and other election related matters.
6. (a) (i) No state employee shall grant permission to access or
facilitate access to non-public areas of property or facilities owned or
operated by or under the control of the state entity to an immigration
authority or any employee thereof engaging in immigration enforcement
except as provided in subdivision nine of this section.
(ii) Provided, however, that no state entity or state government
employee shall grant permission to access or facilitate access to a
polling location to an immigration authority or any employee thereof
engaging in immigration enforcement where doing so would violate 18 §§
U.S.C. 592, 595, 52 U.S.C. § 10307(b), the Fourteenth Amendment of the
United States Constitution, or the Fifteenth Amendment of the United
States Constitution, except as provided in subdivision nine of this
section.
(b) Each state entity shall implement policies and/or procedures for
all relevant employees in the event that a judicial warrant or court
order is presented for access to non-public areas, including the
protocol to verify the sufficiency of any judicial warrant or court
order to ensure such judicial warrant or court order complies with the
provisions of this section prior to permitting access to any non-public
areas. Such policies and/or procedures shall include a designated
contact for such inquiries. Nothing in this paragraph shall abrogate or
otherwise change any legal privileges, including, but not limited to,
the attorney client privilege, that may apply to such inquires.
7. No state employee shall use an immigration authority or any
employee thereof as an interpreter or translator for law enforcement
matters relating to individuals that such entities or employees interact
with as part of their employment duties.
8. The provisions of this section shall not be construed to prohibit
or restrict state entities or state employees from sending to or
receiving from the United States department of homeland security or any
other federal, state, or local governmental entity information regarding
the citizenship or immigration status of an individual pursuant to 8
U.S.C. § 1373.
9. The provisions of this article shall not prohibit state employees
from complying with court orders 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 judicial warrants issued
by a judge appointed pursuant to Article III of the United States
Constitution or federal magistrate judge appointed pursuant to 28 U.S.C.
§ 631, or complying with requirements under existing law.
10. The provisions of this article shall apply notwithstanding any
other provisions of state or local law and shall not be construed to in
any way to expand the authority of state employees to participate in
immigration enforcement.
11. Nothing in this article shall be construed to prevent state
entities from adopting policies which exceed the provisions of this
article or further restrict state entities or state employees from
participation in immigration enforcement beyond the requirements set
forth in this article.
12. For any databases operated by a state entity, including databases
maintained for a state entity by private vendors, the attorney general
shall, by the first of January following the effective date of this
article, in consultation with appropriate stakeholders, publish guidance
and training recommendations aimed at ensuring that such databases are
governed in a manner that limits the availability of information
contained therein, to the fullest extent practicable and consistent with
federal and state law including, but not limited to, 8 U.S.C. § 1373, to
anyone or any entity for the purpose of immigration enforcement. All
state entities may adopt necessary changes to database governance
policies consistent with such guidance.
13. The office of employee relations shall develop training covering
the requirements of this article no later than one hundred twenty days
after its effective date and shall ensure that such training is made
available to state entities as defined in section three hundred nineteen
of this article so that state employees shall receive training relevant
to their required role in implementing this article. Such training shall
be conducted during the employee's regular working hours and employees
shall receive compensation at their regular rate of pay for any time
spent participating in such training. Subsequent training for required
employees shall be provided within sixty days of hire, and annually
thereafter.