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Who cares
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Sponsors
2 Co-sponsors
History
- Referred to finance
- Referred to finance
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1865
Title of bill
An act to amend the executive law, in relation to prohibiting a law enforcement agency or officer from inquiring about immigration status
Purpose or general idea of bill
Law enforcement officers cannot inquire about immigration status during the course of an investigation unless a individual is booked into a detention facility or is arrested for a breach of penal code and immigration status is pertinent to the criminal investigation.
Summary of specific provisions
Section 1. The executive law is amended by adding a new section 844 to read as follows:
Section 844 Inquiry into immigration status limited.
Subsection a. In conducting routine or spontaneous investigatory activity, including an interview, a detention, a traffic stop, pedestrian stop, a frisk or other type of bodily search or a search of personal or real property, a law enforcement agency or a law enforcement officer shall not inquire about or seek proof of a person's immigration status.
Subsection b. No inquiry of victim's or witness's immigration status.
Subsection c. Inquiry of immigration status can occur when person is booked into a detention facility or person is arrested for violation of penal law and immigration status is pertinent to the investigation.
Justification
According to united States Constitution enforcement of federal laws falls on the federal government, this includes immigration enforcement. State and local law enforcement are responsible for policing their communities and pursuing serious criminal offenses. Enforcement of immigration laws adds additional roles and responsibilities these officers don't have the training or the resources to handle. The time spent asking people who appear foreign for their papers is time not spent targeting individuals who pose serious threats to their communities-a shift that overburdens the already stressed resources of state and local police.
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.