Legislation

§ 63-e. Office of immigrant trust. 1. (a) There is hereby established
an immigrant trust office in the department of law. The head of the unit
shall be appointed by the attorney general.

(b) Notwithstanding any other provision of law, rule, or regulation to
the contrary, the attorney general shall establish, through executive
order, processes and procedures for screening such unit head and the
entire unit from records, communication, and information related to the
civil defense of state officials and employees, and persons involved in
the civil defense of state officials and employees from records,
communication, and information relating to an investigation or
investigations by such unit relating to potential violation of this law.
The executive order establishing screens shall be sufficient to satisfy
the rules of professional conduct regarding conflicts and to protect the
rights of state officials and employees who are the subject of an
investigation or civil action under this section by ensuring that the
individuals conducting or otherwise involved in such investigation or
civil action do not have access to any non-public records or information
obtained in the course of the office's civil defense of state employees.

2. Notwithstanding any other provision of law, the immigrant trust
office shall establish and maintain a process to solicit and receive
complaints from the public alleging knowing, intentional, or willful
violations of article fifteen-AA of this chapter, section one hundred
seventy-k of this chapter, article nineteen-D of the general municipal
law, and section thirty-two hundred one-b of the education law, by state
and local entities, officers, or employees, or their contractors,
including the improper or unlawful use of state or local resources for
immigration enforcement and the improper or unlawful sharing of
information by state or local entities, officers, or employees, or their
contractors, with federal immigration authorities.

3. (a) The immigrant trust office shall have the power to investigate
complaints or violations of article fifteen-AA of this chapter, section
one hundred seventy-k of this chapter, article nineteen-D of the general
municipal law, and section thirty-two hundred one-b of the education
law. Such power shall also include the ability to:

(i) take proof and issue subpoenas in accordance with the civil
practice law and rules;

(ii) subpoena and enforce the attendance of witnesses;

(iii) administer oaths or affirmations and examine witnesses under
oath;

(iv) notwithstanding any laws to the contrary, examine and copy or
remove documents or records of any kind prepared, maintained, or held by
any employer or agency;

(v) visit and inspect all local correctional facilities, and speak
with people detained therein for the purposes of investigating potential
violations and ensuring compliance with this section; and

(vi) perform any other functions that are necessary or appropriate to
fulfill the duties and responsibilities of office.

(b) The attorney general shall have the powers enumerated under
paragraph (a) of this subdivision with respect to any entity covered by
article fifteen-AA of this chapter, section one hundred seventy-k of
this chapter, article nineteen-D of the general municipal law, and
section thirty-two hundred one-b of the education law, and its employees
and agents as outlined in this section, except:

(i) agencies under the executive authority of the governor;

(ii) entities that are statutorily entitled to representation by the
department of law;

(iii) entities whose officers and employees are statutorily entitled
to representation by the department of law; and

(iv) entities that are subject to the jurisdiction of the New York
court of claims.

(c) Upon referral by the governor, the attorney general shall have the
powers enumerated under paragraph (a) of this subdivision with regard to
employees and agents of:

(i) agencies under the executive authority of the governor;

(ii) entities that are statutorily entitled to representation by the
department of law pursuant to section seventeen of the public officers
law;

(iii) entities whose officers and employees are statutorily entitled
to representation by the department of law; and

(iv) entities that are subject to the jurisdiction of the New York
court of claims.

(d) Nothing in this section shall in any way limit rights or remedies
which are otherwise available under law to the attorney general or any
other person.

4. Upon receipt and review of a complaint, deemed credible, of a
violation of article fifteen-AA of this chapter, or section one hundred
seventy-k of this chapter, or upon its own initiative when the office
learns through the regular course of its duties of a suspected violation
of article fifteen-AA of this chapter, or section one hundred seventy-k
of this chapter, the office shall, where the alleged violation involves
a state agency or a state employee, transmit a request for a referral
regarding such credible complaint to the governor. The governor shall
review such request and make a determination on whether to refer the
matter to the office for investigation, and upon such referral back to
the office, the office shall investigate the alleged violation and, if
warranted, may commence a civil action for appropriate injunctive or
declaratory relief, enter into assurances of discontinuance, or seek the
imposition of a period of monitoring of the state entity by the office.

5. Upon receipt of a complaint deemed credible of a violation of
article nineteen-D of the general municipal law, or section one hundred
seventy-k of this chapter, or upon its own initiative when the office
learns through the regular course of its duties of a suspected violation
of article nineteen-D of the general municipal law, or section one
hundred seventy-k of this chapter that involves a county, locality, or
municipal corporation entity or employee, the office shall,
notwithstanding any other provision of law, investigate the matter and,
if warranted, may commence a civil action for appropriate injunctive or
declaratory relief, enter into assurances of discontinuance, or seek the
imposition of a period of monitoring of the municipal government entity
by the office.

6. Upon receipt of a complaint deemed credible of a violation of
section thirty-two hundred one-b of the education law or upon its own
initiative when the office learns through the regular course of its
duties of a suspected violation of such section, the office shall,
notwithstanding any other provision of law, investigate the matter and,
if warranted, may commence a civil action for appropriate injunctive or
declaratory relief, enter into assurances of discontinuance, or seek the
imposition of a period of monitoring of the school by the office.