What's happening
This bill amends the penal law to include threats of deportation proceedings as a form of extortion or coercion.
Why it matters
Protects vulnerable immigrants from manipulation. By explicitly including threats of deportation proceedings as a form of extortion or coercion, the bill addresses a common tactic used to exploit undocumented or non-citizen individuals, particularly in workplaces, housing, and relationships.
Closes legal loopholes. Previously, the law only covered threats involving criminal charges; this amendment ensures that threats related to immigration status are recognized as equally serious, providing clearer legal recourse for victims.
Strengthens trust with law enforcement. Immigrants may be more willing to report crimes or seek help without fear of being blackmailed over their status, supporting community safety and reducing the power abusers hold over them.
Signals policy priorities. The amendment reflects a commitment to protecting immigrant communities from abuse and exploitation, which may impact social attitudes and the behavior of employers, landlords, and others who interact with immigrant populations.
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Who cares
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
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Immigrants from Coercion
Assembly Floor Calendar · Sponsor Michaelle C. Solages
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5387
2017-2018 Regular Sessions
IN SENATE
March 24, 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 extortion or coercion related to immigration status
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 135.60 of the penal law, as amended by chapter 426 of the laws of 2008, is amended to read as follows:
4. Accuse some person of a crime or cause criminal charges or deportation proceedings to be instituted against him or her; or
§ 2. Subparagraph (iv) of paragraph (e) of subdivision 2 of section 155.05 of the penal law is amended to read as follows:
(iv) Accuse some person of a crime or cause criminal charges or deportation proceedings to be instituted against him or her; or
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10223-01-7
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 extortion or coercion related to immigration status
Purpose or general idea of bill
Extortion and coercion involve compelling a person to turn over property or to engage or refrain from engaging in other conduct by intimidation, including threatening to cause criminal charges to be instituted against him or her. This bill amends the Penal Law definitions of "extortion" and "coercion" to also include making threats for such purposes to cause deportation proceedings to be brought against an individual.
Summary of specific provisions
Bill § 1 amends subdivision 4 of § 135.60 of the Penal Law to provide that the offense of larceny by extortion includes compelling a person to turn over property by instilling a fear that, if the property is not delivered, the actor or another will accuse some person of a crime or cause criminal charges "or deportation proceedings" to be instituted against him or her.
Bill § 2 amends subparagraph (iv) of paragraph (e) of subdivision 2 of § 155.05 of the Penal Law to provide that the offense of coercion in the second degree includes compelling a person to engage or abstain from engaging in conduct by instilling a fear that, if the demand is not complied with, the actor or another person will accuse some person of a crime or cause criminal charges "or deportation proceedings" to be instituted against him or her.
Effects of present law which this bill would alter
Under the Penal Law, a threat to report a person's immigration status could currently be treated as a crime in cases of labor trafficking (§ 135.35) and sex trafficking (§ 230.34). However, such threats are not currently treated as potential extortion or coercion offenses.
Justification
This bill would apply the same standard to threats to cause deportation proceedings instituted against an individual for purposes of extortion or coercion as currently apply to threats to cause criminal charges to be instituted for such purposes. Deportation proceedings are not criminal trials, but their nature and consequences are similar enough to justify their including within these offenses. New Federal policies that focus on deporting immigrants for any possible reason make many immigrant New Yorkers more vulnerable to extortion or coercion.
This bill would place efforts to blackmail an individual by threatening to cause deportation proceedings to be instituted on an equal footing with similar efforts involving criminal charges. The bill is based on model legislation recommended by the Public Leadership Institute. Similar measures have been enacted in California, Colorado, Maryland and Virginia.
Prior legislative history
New bill.
Fiscal implications for state and local governments
None.
Effective date
Thirtieth day after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.