What's happening
This bill prohibits New York law enforcement from inquiring about immigration status, except in limited circumstances during criminal investigations or detention.
Why it matters
Protects immigrant communities from routine status checks. , which may increase trust in law enforcement and encourage victims or witnesses to report crimes without fear of deportation or reprisal.
Narrows the circumstances where immigration status can be questioned. , limiting such inquiries to when someone is booked into detention or when status is directly relevant to a criminal investigation after an arrest, which reduces potential profiling or discrimination.
Helps separate local policing from federal immigration enforcement. , aiming to prevent local law enforcement from being used as a tool for immigration crackdowns, which can be especially important in diverse communities.
May improve public safety outcomes. by ensuring that immigration status does not deter cooperation with law enforcement, potentially leading to more effective investigations and safer neighborhoods.
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Who cares
Headline styles
Ban Immigration Status Questions
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 25
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1247
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. ROZIC -- read once and referred to the Committee on Codes
AN ACT to amend the executive law, in relation to prohibiting a law enforcement agency or officer from inquiring about immigration status
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 844 to read as follows:
§ 844. Inquiry into immigration status limited. a. In conducting a routine or spontaneous investigatory activity, including an interview, a detention, a traffic stop, a 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.
b. In conducting an investigatory activity in connection with an investigation, a law enforcement agency or a law enforcement officer shall not inquire about or seek proof of a victim's or witness's immigration status.
c. In conducting an investigatory activity in connection with an investigation, a law enforcement agency or a law enforcement officer shall not inquire about or seek proof of a person's immigration status, unless:
(1) the person is booked into a detention facility; or
(2) the person is arrested for a violation of the penal law of the state or a political subdivision of the state and the immigration status of that person is pertinent to the criminal investigation.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01163-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.