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S589Senate2017-2018 Session

Ban Immigration Status Questions

Official title

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

Sponsor José PeraltaSD-13+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill prohibits New York state agencies from inquiring about or recording immigration status when providing assistance, except in criminal cases.

Why it matters

  1. Enhances privacy and protection for immigrants. by preventing state and local agencies from asking about or documenting a person’s immigration status when they seek help or report issues, making it easier for immigrants to access public services without fear.

  2. Promotes public safety and community trust. , as immigrants may feel more secure contacting authorities or accessing assistance (such as reporting crimes, seeking health services, or applying for aid) without the risk of immigration-related consequences.

  3. Explicitly excludes those involved in criminal cases. , meaning the restriction does not apply if a person is charged with or convicted of a crime—potentially balancing privacy with law enforcement interests.

  4. Could impact agency procedures and data collection. , requiring training and changes in forms or intake processes across many public-facing services, which may affect how agencies interact with diverse communities.

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Who cares

Headline styles

Ban Immigration Status Questions

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
José Peralta

Senator · Senate District 13

1 Co-sponsor

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

589

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in relation to the confidentiality of immigration status

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The civil rights law is amended by adding a new section 51-a to read as follows:

§ 51-a. Confidentiality of immigration status. No agency of the state or of any political subdivision or public authority thereof, nor any officer, employee or agent thereof, shall inquire as to or record the immigration status of any person who seeks any form of assistance from the agency or reports any occurrence to the agency. The provisions of this section shall not apply to any person charged with or convicted of a crime.

§ 2. 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.

LBD00063-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the 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

2015-2016-S.1304 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.