Limit NY-ICE Police Cooperation

Section 1. The executive law is amended by adding a new article 15-AA to read as follows:

ARTICLE 15-AA

COOPERATION WITH IMMIGRATION AUTHORITIES Section 319. Definitions.

319-a. Restrictions on New York law enforcement agency actions.

319-b. Standards for responding to United States immigration and

customs enforcement holds.

319-c. Cooperation policies.

319-d. Severability.

§ 319. Definitions. For the purposes of this article, the following terms have the following meanings:

1. "New York law enforcement agency" means a state or local law enforcement agency, including school police or security departments. "New York law enforcement agency" does not include the department of corrections and community supervision.

2. "Local agency" means any city, county, city and county, special district, or other political subdivision of the state.

3. "Law enforcement official" means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of persons in jails, and any person or local agency authorized to operate juvenile

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10110-01-9

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detention facilities or to maintain custody of persons in juvenile detention facilities.

4. "Civil immigration warrant" means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the national crime information center database.

5. "Immigration authority" means any federal, state, or local officer, employee, or person performing immigration enforcement functions.

6. "Health facility" means hospitals as defined in subdivision one of section twenty-eight hundred one of the public health law and facilities as defined in subdivision six of section 1.03 of the mental hygiene law.

7. "Immigration enforcement agency" means the United States immigration and customs enforcement (ICE) or United States customs and border protection as well as any other immigration enforcement authority.

8. "Hold request" means a federal immigration enforcement agency request that a New York law enforcement agency or the department of corrections and community supervision maintain custody of a person currently in its custody beyond the time he or she would otherwise be eligible for release in order to facilitate transfer to ICE and includes, but is not limited to, department of homeland security (DHS) form I-247D.

9. "Notification request" means an immigration enforcement agency request that a New York law enforcement agency or the department of corrections and community supervision inform ICE of the release date and time in advance of the public of a person in its custody and includes, but is not limited to, DHS form I-247N.

10. "Transfer request" means an immigration enforcement agency request that a New York law enforcement agency or the department of corrections and community supervision facilitate the transfer of a person in its custody to ICE, and includes, but is not limited to, DHS form I-247X.

11. "Immigration enforcement" means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry, or reentry to, or employment in, the United States.

12. "Immigration hold" means an immigration detainer issued by an authorized immigration officer, pursuant to section 287.7 of title eight of the Code of Federal Regulations, that requests that the law enforcement official to maintain custody of a person for a period not to exceed forty-eight hours, excluding Saturdays, Sundays, and holidays, and to advise the authorized immigration officer prior to the release of such person.

13. "Joint law enforcement task force" means at least one New York law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes.

14. "Judicial probable cause determination" means a determination made by a federal judge or federal magistrate judge that probable cause exists that a person has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take such person into custody.

15. "Judicial warrant" means a warrant based on probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement

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officer to arrest and take into custody the person who is the subject of the warrant.

16. "Public schools" means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the state university as defined in subdivision one of section three hundred fifty of the education law and community colleges as defined in subdivision two of section sixty-three hundred one of the education law.

17. "School police and security departments" includes police and security departments of the state university of New York, community colleges, charter schools, public elementary and secondary schools and school districts.

§ 319-a. Restrictions on New York law enforcement agency actions. 1. New York law enforcement agencies shall not:

(a) Use agency or department moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including any of the following:

(i) Inquiring into a person's immigration status.

(ii) Detaining a person on the basis of a hold request.

(iii) Providing information regarding a person's release date or responding to requests for notification by providing release dates or other information unless that information is available to the public, or is in response to a notification request from immigration authorities in accordance with section three hundred nineteen-b of this article. Responses are never required, but are permitted under this subdivision, provided that they do not violate any local law or policy.

(iv) Providing personal information about a person as defined in subdivision seven of section ninety-two of the public officers law, including, but not limited to, such person's home address or work address unless that information is available to the public.

(v) Making or intentionally participating in arrests based on civil immigration warrants.

(vi) Assisting immigration authorities in the activities described in paragraph three of subsection (a) of section thirteen hundred fifty-seven of title eight of the United States code.

(vii) Performing the functions of an immigration officer, whether pursuant to subsection (g) of section thirteen hundred fifty-seven of title eight of the United States code or any other law, regulation, or policy, whether formal or informal.

(b) Place peace officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies for purposes of immigration enforcement. All peace officers remain subject to New York law governing conduct of peace officers and the policies of the employing agency.

(c) Use immigration authorities as interpreters for law enforcement matters relating to persons in agency or department custody.

(d) Transfer a person to immigration authorities unless authorized by a judicial warrant or judicial probable cause determination, or in accordance with section three hundred nineteen-b of this article.

(e) Provide office space exclusively dedicated for immigration authorities for use within a city or county law enforcement facility.

(f) Contract with the federal government for use of New York law enforcement agency facilities to house individuals as federal detainees.

2. Notwithstanding the limitations in subdivision one of this section, this section does not prevent any New York law enforcement agency from doing any of the following that does not violate any policy of the law

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enforcement agency or any local law or policy of the jurisdiction in which the agency is operating:

(a) Investigating, enforcing, or detaining upon reasonable suspicion of, or arresting for a violation of, subsection (a) of section thirteen hundred twenty-six of title eight of the United States code that may be subject to the enhancement specified in paragraph two of subsection (b) of section thirteen hundred twenty-six of title eight of the United States code and that is detected during an unrelated law enforcement activity. Transfers to immigration authorities are permitted under such subsection only in accordance with paragraph (d) of subdivision one of this section.

(b) Responding to a request from immigration authorities for information about a specific person's criminal history, including previous criminal arrests, convictions, or similar criminal history information accessed through the division of criminal justice services, where otherwise permitted by state law.

(c) Conducting enforcement or investigative duties associated with a joint law enforcement task force, including the sharing of confidential information with other law enforcement agencies for purposes of task force investigations, so long as the following conditions are met:

(i) The primary purpose of the joint law enforcement task force is not immigration enforcement, as defined in subdivision eleven of section three hundred nineteen of this article.

(ii) The enforcement or investigative duties are primarily related to a violation of state or federal law unrelated to immigration enforcement.

(iii) Participation in the task force by a New York law enforcement agency does not violate any local law or policy to which it is otherwise subject.

(d) Making inquiries into information necessary to certify a person who has been identified as a potential crime or trafficking victim for a T or U visa pursuant to subparagraphs (T) and (U) of paragraph fifteen of subsection (a) of section eleven hundred one of title eight of the United States code or to comply with paragraph five of subsection (d) of section nine hundred twenty-two of title eighteen of the United States code.

(e) Giving immigration authorities access to interview a person in agency or department custody.

3. (a) If a New York law enforcement agency chooses to participate in a joint law enforcement task force, for which such agency has agreed to dedicate personnel or resources on an ongoing basis, such agency shall submit a report annually to the division of criminal justice services. Such agency shall report the following information, if known, for each task force of which it is a member:

(i) The purpose of the task force;

(ii) The federal, state, and local law enforcement agencies involved;

(iii) The total number of arrests made during the reporting period; and

(iv) The number of people arrested for immigration enforcement purposes.

(b) All law enforcement agencies shall report annually to the division of criminal justice services, in a manner specified by the commissioner of the division of criminal justice services, the number of transfers pursuant to paragraph (d) of subdivision one of this section, and the offense that allowed for the transfer, pursuant to such paragraph.

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(c) All records described in this subdivision shall be public records for purposes of article six of the public officers law.

(d) If more than one New York law enforcement agency is participating in a joint task force that meets the reporting requirement pursuant to this section, the joint task force shall designate a local or state agency responsible for completing the reporting requirement.

4. The commissioner of the division of criminal justice services, by March first, two thousand twenty-one, and annually thereafter, shall report on the total number of arrests made by joint law enforcement task forces, and the total number of arrests made for the purpose of immigration enforcement by all task force participants, including federal law enforcement agencies. To the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation or a related investigation, that information shall not be included in such report. The commissioner of the division of criminal justice services shall post the reports required by this subdivision on the division of criminal justice services internet web site.