What's happening
This bill defines "immigration status" in New York law and adds civil protections against harm based on perceived immigration status.
Why it matters
Clarifies legal protections. by defining "immigration status" explicitly in both the Executive and Civil Rights Laws, making it easier to enforce anti-discrimination provisions related to immigration status.
Expands civil remedies. for people harmed due to perceived or actual immigration status, allowing victims to sue for damages, injunctions, or other relief if they are targeted because of their status or perceived status.
Addresses gaps in existing law. by ensuring that harm or discrimination based on immigration status is treated similarly to harms based on race, ancestry, or national origin, offering more comprehensive civil rights coverage.
Maintains compliance with federal law. by specifying that verification of immigration status, and adverse actions required by federal law, are still permitted, balancing state civil rights protections with federal requirements.
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Who cares
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Define Immigration Status Legally
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
963
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the executive law, in relation to defining immigration status; and to amend the civil rights law, in relation to defining immigration status and providing a civil remedy for any harm or damage to the property or person of another due to a belief or perception regarding such persons immigration status
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows:
35. The term "immigration status", when used in this article, means a person's possession or non-possession of certification, documentation, or authorization to be present in the United States for a specific or undetermined period of time, as an alien lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20), a refugee as defined in 8 U.S.C. § 1101(a)(42), an alien who has been granted asylum pursuant to 8 U.S.C. § 1158, an alien that has been lawfully admitted for temporary residence pursuant to 8 U.S.C. § 1255a, or any other related status.
§ 2. Subdivision 8 of section 292 of the executive law is amended to read as follows:
8. The term "national origin" shall, for the purposes of this article, include "ancestry[.]" and shall also include immigration status as such term is defined in this article. However, nothing contained herein shall be construed to prohibit verification of a person's immigration status, nor shall any adverse action be prohibited when based upon verified immigration status as required by federal law.
§ 3. Subdivision 1 of section 79-n of the civil rights law as added by chapter 277 of the laws of 2010, is amended by adding a new paragraph (e) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06666-02-7
S. 963 2
(e) The term "immigration status" means a person's possession or nonpossession of certification, documentation, or authorization to be present in the United States for a specific or undetermined period of time, as an alien lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20), a refugee as defined in 8 U.S.C. § 1101(a)(42), an alien who has been granted asylum pursuant to 8 U.S.C. §1158, an alien that has been lawfully admitted for temporary residence pursuant to 8 U.S.C. § 1255a, or any other related status.
§ 4. Subdivision 2 of section 79-n of the civil rights law, as added by chapter 227 of the laws of 2010, is amended to read as follows:
2. Any person who intentionally selects a person or property for harm or causes damage to the property of another or causes physical injury or death to another in whole or in substantial part because of a belief or perception regarding the race, color, national origin, immigration status, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, shall be liable, in a civil action or proceeding maintained by such individual or group of individuals, for injunctive relief, damages, or any other appropriate relief in law or equity. If it shall appear to the satisfaction of the court or justice that the respondent has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby.
§ 5. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to defining immigration status; and to amend the civil rights law, in relation to defining immigration status and providing a civil remedy for any harm or damage to the property or person of another due to a belief or perception regarding such persons immigration status
Purpose
To include "immigration status" in the definition of "national origin" for the purposes of the antidiscrimination regime set forth by the Human Rights Law and the Civil Rights Law.
Summary of provisions
Section 1 establishes a definition of the term "immigration status", to be defined as the possession or lack thereof of any certification, documentation, or authorization to be present in the country for a specific or unspecific amount of time as one of several classifications of an immigrant as defined by federal law.
Section 2 would add the term "immigration status" to the current definition of national origin, provided that no action taken based on immigration status or verification of such status would be considered a violation of this Article when required by federal law.
Sections 3 and 4 would add the term "immigration status" as previously defined to the list of protected classes under the Civil Rights Law provisions on civil remedies for bias-related crimes or intimidation.
Section 5 sets the effective date as sixty days after enactment.
Existing law
Currently discrimination on the basis of immigration status would not be considered to be discrimination on the basis of national origin if the reason for the discrimination is solely based on a person's immigration status.
Justification
New York State's Human Rights Law is on the forefront of protecting various classes of people from a wide range of discrimination, including employment, housing, credit, and public accommodation. Despite current protections in law, including protections against discrimination on the basis of national origin, there are no protections against discrimination on the basis of a person's immigration status.
This legislation would include immigration status as a protected class of people to prevent further discriminatory actions against various categories of immigrants. It would also expand current civil remedies for victims of bias-related crimes to those who are assaulted or intimidated due to their immigration status. New York is a state built upon immigration with a unique history and understanding of the immigrant experience. By protecting individual against such discrimination, New York will continue its historic role as a leader in treating all people with dignity.
Legislative history
New Bill.
Budget implications
This bill has no budget implications for the State.
Effective date
This bill would take effect 60 days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.