What's happening
This bill criminalizes using threats to expose someone's immigration status as a form of coercion under New York penal law.
Why it matters
Expands legal protection for immigrants. by specifically making it a crime to use threats of exposing someone’s immigration status to force them into actions against their will, recognizing the unique vulnerabilities immigrants face.
Closes coercion loopholes. by treating immigration status as equally sensitive as health, reputation, or financial information, providing broader coverage under existing coercion laws.
Deters abuse by both individuals and public servants. , as the bill criminalizes threats to reveal both another person's and one's own immigration status, addressing potential coercive tactics by employers, landlords, and officials.
Signals official state recognition. that immigration status can be weaponized as a tool of exploitation, which may increase trust in law enforcement among immigrant communities and encourage victims to come forward.
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Who cares
People targeted over immigration status
The bill would add exposure of immigration status to the coercion law, regardless of whether the person making the threat knows that status.
People forced to reveal their own immigration status
The bill would add compelled disclosure of one's own immigration status to the first-degree coercion provisions.
Prosecutors and criminal defense attorneys
The bill would expand the conduct covered by the coercion statutes to include immigration-status threats and compelled self-disclosure.
Headline styles
Ban Immigration Status Blackmail
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2381
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the use of coercion for the purpose of exposing a person's immigration status
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 9 of section 135.60 of the penal law, as amended by chapter 426 of the laws of 2008, is amended and a new subdivision 10 is added to read as follows:
9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships[.]; or
10. Expose immigration status, regardless of the actor's knowledge of such status.
§ 2. Paragraph (c) of subdivision 2 of section 135.65 of the penal law, as amended by chapter 426 of the laws of 2008, is amended and a new paragraph (d) is added to read as follows:
(c) Violate his or her duty as a public servant[.]; or
(d) Expose his or her own immigration status.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06944-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the use of coercion for the purpose of exposing a person's immigration status
Purpose or general idea of bill
To provide for the effective prosecution of criminal actions by actors whose intended purpose is to coerce an individual by threatening to expose immigration status.
Summary of specific provisions
Section 1. Subdivision 9 of section 135.60 of the penal law, is amended by adding a new subdivision 10 to read as follows: 10. Expose immigration status, regardless of the actor's knowledge of such status.
Section 2. Paragraph (c) of subsection 2 of section 135.65 of the Penal law is amended and a new paragraph (d) is added to read as follows:
(d) Expose his or her immigration status.
Justification
According to the United States Constitution the promotion general welfare and secured blessings of liberty are established for all people. Immigrants are often threatened and put through undue hardship when immigration status is threatened. The 14th Amendment of the constitution states "that nor shall any State deprive any person of life, liberty, or property, without due process of law: nor deny to any person within its jurisdiction the equal protection of the laws."
Prior legislative history
2010 - A.11668- Referred to Codes 2015-2016: Referred to codes
Fiscal implications
None.
Effective date
The first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.