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S8207Senate2009-2010 Session

Prohibits state and local law enforcement agencies from enforcing federal immigration laws

Sponsor Pedro Espada Jr.SD-33+1 co-sponsor
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Sponsors

Primary sponsor
Pedro Espada Jr.

Senator · Senate District 33

1 Co-sponsor

History

  1. Print number 8207a
  2. Amend and recommit to rules
  3. Referred to rules

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S8207A

Title of bill

An act to amend the executive law, in relation to prohibiting state and local law enforcement agencies from enforcing federal immigration laws

Purpose or general idea of bill

Limits law enforcement agencies from investigating immigration statuses of individuals whose only violation is of federal immigration laws in Title 8 of the United States code.

Summary of specific provision

Section 1. The executive law is amended by adding a new section 844 to read as follows:

Section 844 Enforcement of federal immigration laws.

A law enforcement agency of the state or a political subdivision of the state shall not use state funds, equipment, personnel or resources or accept or utilize federal funds, equipment, personnel or resources for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship who have entered or are residing in the United States in violation of federal immigration laws in Title 8 of the United States code.

Justification

In 2006 a study by the Congressional Research Service found that there was "high risk for civil rights violations... if state and local police do not obtain the requisite knowledge, training, and experience in dealing with the enforcement of immigration laws. Moreover, suspects of immigration violations may become victims of 'racial profiling'...."

The report went on to discuss that state and local law enforcement should not be used to fund federal responsibilities. Such actions would result in a reduction of resources available for the policing a community which is the principal responsibility of these agencies. Beyond the increased cost to the state and local enforcement there is fear that this shift could lead to a de-emphasis on certain types of criminal investigations in an effort to focus on enforcing immigration law, which would divert law enforcement authorities' from their primary duties.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.