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A5325Assembly2019-2020 SessionSame asS3341

Ban Immigration Status Questions

Official title

“Prohibits law enforcement agencies or officers from inquiring about immigration status”

Sponsor Nily RozicAD-25Affects Legal
Status
In Assembly 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 law enforcement from inquiring about a person's immigration status except in specified criminal cases.

Why it matters

  1. Limits police discretion to ask about immigration status. during most routine interactions (like traffic stops or pedestrian stops), reducing the risk of profiling or unnecessary fear among immigrant communities.

  2. Protects victims and witnesses. by explicitly barring law enforcement from inquiring about their immigration status, which could encourage more people to report crimes and cooperate with investigations without fear of deportation.

  3. Creates narrow exceptions. Police may only ask about immigration status if someone is being booked into detention or if immigration status is directly relevant to an active criminal investigation following an arrest, limiting information-sharing with federal immigration authorities in most cases.

  4. Could impact community trust and public safety. by drawing clearer boundaries between local law enforcement and federal immigration enforcement, potentially making immigrant communities more likely to engage with police.

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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
Nily Rozic

Assembly Member · Assembly District 25

Chair, Consumer Affairs and Protection

No co-sponsors yet.

History

  1. Referred to codes
  2. 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.

S3341Senate

Bar Police Immigration Questions

In Senate Committee · Finance · Sponsor Jessica Ramos

Impact 7 · Significant0% to pass

Full text

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

STATE OF NEW YORK

5325

2019-2020 Regular Sessions

IN ASSEMBLY

February 8, 2019

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.

LBD00977-01-9

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.