Prohibits state and local agencies from inquiring as to the immigration status of any person

BILL NUMBER:S1304

Title of bill

An act to amend the civil rights law, in relation to the confidentiality of immigration status

Purpose

To codify that individuals seeking aid from government entities, reporting crimes or acting as witnesses shall not face any inquiry into their immigration status.

Summary of provisions

Section 1 provides for confidentiality of an individual's immigration status when dealing with government entity excepting when such individual is charged with or convicted of a crime.

Section 2 establishes the effective date.

Justification

The underreporting of crimes perpetrated against immigrants is a societal problem of nearly epidemic proportions. A recent study conducted by the University of Illinois at Chicago found that 70% of undocumented Latino immigrants indicated that they would neither file a police report after being the victim of a crime nor act as a witness in a criminal case for fear of adverse immigration consequences. Additionally, many immigrants are afraid to seek the state's aid regarding issues from labor law violations to real estate fraud. The depth and breath of the issue is perhaps best explained by a policy report put out by the chiefs of major city police departments:

"Immigration enforcement by local police would likely negatively effect and undermine the level of trust and cooperation between local police and immigrant communities. If the undocumented immigrant's primary concern is that they will deported or subjected to an immigration status investigation, then they will not come forward and provide needed assistance and cooperation. Distrust and fear of contacting and assisting the police would develop among legal immigrants as well. Undoubtedly legal immigrants would avoid contact with the police for fear that they themselves or undocumented family members or friends may become subject to immigration enforcement. Without assurances that contact with the police would not result in purely civil immigration enforcement action, the hard won trust, communication and cooperation from the immigrant community would disappear. Such a divide between the local police and immigrant groups would result in increased crime against immigrants and in the broader community, create a class of silent victims and eliminate the potential for assistance from immigrants in solving crimes or preventing future terroristic acts."

This legislation will correct this unfortunate state of affairs by codifying what is already the policy of most, if not all, municipal and city government entities. It will make it clear that if you are an immigrant in New York, you should have no fear about going to your government for help or assisting them in solving a crime.

Legislative history

2013-2014: S.5289

Fiscal implications

None to the state.

Effective date

This law shall take effect 30 days after it shall have become law.