What's happening
This bill restricts state and local cooperation with federal immigration enforcement, protects confidentiality, and guarantees legal representation in certain immigration proceedings.
Why it matters
Limits state and local involvement in federal immigration enforcement. By prohibiting agencies and law enforcement from investigating or detaining people solely for suspected immigration violations (unless a judicial warrant or specific felony conviction applies), the bill reduces the risk of routine local interactions leading to immigration-related detention or deportation.
Strengthens privacy and confidentiality protections. State and local agencies are generally barred from collecting or sharing immigration status or place of birth information, except when explicitly required by law. This encourages immigrants to seek public services or aid without fear of exposure to immigration authorities.
Guarantees access to legal representation in removal proceedings. The bill mandates state-funded legal counsel for individuals facing removal who cannot afford it, ensuring due process and potentially reducing wrongful or uninformed deportations.
Shields public resources and facilities from federal immigration enforcement. The legislation forbids federal immigration agents from using state or local facilities for interviews or investigations, except under narrow circumstances with written consent, thereby making it harder for federal agencies to leverage local resources for immigration enforcement.
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Who cares
Headline styles
Protect Immigrant Access and Rights
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 29
History
- Referred to finance
- Referred to finance
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' Access to Services
In Assembly Committee · Codes · Sponsor Karines Reyes
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1424
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sens. SERRANO, BAILEY, BENJAMIN, COMRIE, GIANARIS, HOYL- MAN, KAVANAGH, KRUEGER, MONTGOMERY, PARKER, PERSAUD, RIVERA, SANDERS, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law and the judiciary law, in relation to access to services, law enforcement and counsel in certain immigration related matters; and to amend the judiciary law, in relation to compensation of legal counsel for certain matters
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 article 15-AA to read as follows:
ARTICLE 15-AA
ACCESS TO SERVICES AND LAW ENFORCEMENT IN CERTAIN IMMIGRATION RELATED
MATTERS Section 319. Definitions.
319-a. Access to services, assistance and eligible benefits.
319-b. Federal agencies to investigate and enforce federal
immigration laws.
319-c. Confidentiality of information.
319-d. Custody of certain persons: bail and related pre-trial
issues.
319-e. Civil immigration detainers.
319-f. Limitation on use of certain facilities.
319-g. Legal representation.
319-h. Effect on other laws.
§ 319. Definitions. For purposes of this article, the following terms and phrases shall be defined as follows:
1. "Agency" shall mean any state or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04008-01-9
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governmental or proprietary function for the state or any one or more municipalities thereof.
2. "Agent" shall mean any officer, official, employee or volunteer working for, employed by or providing assistance to an agency.
3. "Civil immigration detainer" shall mean an administrative request issued pursuant to 8 C.F.R. § 287.7 or any similar request issued by an agency or agent of the United States for the detention of a person suspected of violating the immigration law of the United States.
4. "Family or household member" shall mean a family or household member, as defined in subdivision two of section four hundred fiftynine-a of the social services law.
5. "Federal immigration authority" shall mean any officer, employee or person otherwise paid by or acting as an agent of the United States immigration and customs enforcement or any division thereof or any other officer, employee or person otherwise paid by or acting as an agent of the United States department of homeland security or any other federal entity who is charged with enforcement of the provisions of any federal immigration law.
6. "Federal law" shall mean a provision of the Constitution of the United States, or a statute or similar provision approved by the Congress of the United States that has been enacted and taken effect.
7. "Immigration status" or "immigration status information" shall mean immigration status, lawful or unlawful, of an individual under the laws and regulations of the United States of America.
8. "Judicial warrant" shall mean a warrant based on probable cause and issued by a judge serving pursuant to article three of the United States constitution or a federal magistrate judge serving by appointment pursuant to 28 U.S.C. § 631, that authorizes a federal immigration authority to take into custody a person who is the subject of such warrant.
9. "Law enforcement agency" shall mean any agency that is empowered by law to conduct an investigation or make an arrest for a crime or offense, or any agency that is authorized by law to prosecute or participate in the prosecution of a crime or offense, or any agency authorized by law to jail, detain or imprison a person under color of law, or any agency employing a police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law or peace officer, as defined in subdivision thirty-three of section 1.20 of the criminal procedure law.
10. "Terrorist screening database" shall mean the United States terrorist watch list database lawfully maintained by the terrorist screening center of the government of the United States.
§ 319-a. Access to services, assistance and eligible benefits. 1. Except where explicitly required by state or federal law for the purpose of verifying eligibility, continued eligibility, or upon recertification, no state or local agency, or agent thereof, may make any inquiry or record any information concerning the immigration status or place of birth of a person who is seeking public assistance and care, as such phrase is defined in subdivision eighteen of section two of the social services law, or seeking any other benefit, assistance or service for himself, herself, or on behalf of a family or household member or any other potential beneficiary. Provided, further, that such information shall not be used or disclosed to any state or federal agency for any purpose other than verifying eligibility, continued eligibility, or upon recertification.
2. Notwithstanding the provisions of subdivision one of this section, limited inquiry of such information concerning the relevant person may
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be made when such information is requested for the benefit of the person by the office for new Americans established pursuant to section ninetyfour-b of this chapter or any other similar agency that is assisting such person in matters related to such person's immigration status, provided that the status of such person shall not be disclosed for any purpose.
3. In addition to any other right to the assistance of interpretation or translation services, any foreign-born person, or person not proficient in the English language, to whom inquiry is made pursuant to this section shall be entitled to the assistance of a neutral and qualified interpreter or translator, as the case may be, with respect to such inquiry, provided at no cost or expense to such person.
§ 319-b. Federal agencies to investigate and enforce federal immigration laws. 1. No state or local law enforcement agency, or agent thereof, shall stop, question, interrogate, investigate or arrest a person for any of the following:
(a) suspected United States immigration or citizenship status violation;
(b) suspected violation of the United States immigration law or authorized regulations; or
(c) a civil immigration detainer.
2. No state or local law enforcement agency, nor any agent thereof, shall make any inquiry or record any information concerning the immigration status or place of birth of a person who: (a) contacts, approaches or asks for or is in need of assistance of a law enforcement agency or (b) is stopped, questioned, interrogated, investigated or arrested; except where such immigration status or place of birth information is an element of a criminal offense in a specific, ongoing law enforcement investigation engaged in by such state or local law enforcement agency, or agent thereof, or where such inquiry or recording of such information is otherwise authorized by this article.
3. No state or local law enforcement agency, or agent thereof, shall perform the function of or be cross-designated as a federal immigration officer or otherwise engage or significantly assist in the enforcement of federal immigration law, pursuant to 8 U.S.C. § 1357 (g) or any other federal law, regulation or policy. Nothing in this subdivision shall prevent detention of a person in accordance with and to the extent permitted by section three hundred nineteen-e of this article.
4. In addition to any other right to the assistance of interpretation or translation services, any foreign-born person, or person not proficient in the English language, to whom inquiry is made pursuant to subdivision one or two of this section shall be entitled to the assistance of a neutral and qualified interpreter or translator, as the case may be, with respect to such inquiry, provided at no cost or expense to such person.
§ 319-c. Confidentiality of information. Unless disclosure is required by a lawful court order, no state or local agency, or agent thereof, or state or local law enforcement agency, or agent thereof, shall provide to a federal immigration authority any information collected or obtained with respect to a person in accordance with this article or otherwise, including but not limited to home, work or school address, except that:
1. providing immigration status information shall not be prohibited if requested by such federal immigration authority and required to be provided to it in accordance with 8 U.S.C. § 1373 or another federal law;
S. 1424 4
2. the division of criminal justice services or a qualified agency, as defined in subdivision nine of section eight hundred thirty-five of this chapter, may provide criminal history information, as defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of this chapter, when lawfully requested about a specific person and such disclosure is permitted by state law; and
3. a state or local agency, or agent thereof, or state or local law enforcement agency, or agent thereof, may provide such information, other than the information described in subdivision one of this section, concerning a person, including but not limited to status as a victim of or witness to suspected criminal activity, home address and/or work address, only with informed written consent of the person and, if represented by counsel, written authorization by such attorney.
§ 319-d. Custody of certain persons: bail and related pre-trial issues. 1. Except as provided in section three hundred nineteen-e of this article, no state or local law enforcement agency, or agent thereof, or court shall delay or deny release of a person on recognizance or bail, pursuant to article five hundred thirty of the criminal procedure law or otherwise, on the basis of the person's immigration status, a civil immigration detainer, or a federal immigration authority's request for notification about, transfer of, detention of, or interview or interrogation of such person.
2. Upon receipt from a federal immigration authority of a civil immigration detainer, or a request for transfer, notification, interview, interrogation or other request, a state or local law enforcement agency, or agent thereof, shall promptly notify the person who is the subject of such detainer or request and such person's counsel, provide a copy of such detainer or request, as the case may be, to such person and counsel, inform such person of the right to counsel pursuant to the provisions of section three hundred nineteen-g of this article, and inform such person and counsel, reasonably in advance of responding to the federal immigration authority, as to whether or not such agency intends to comply with such detainer or request.
3. A person in the custody of a state or local law enforcement agency, or agent thereof, shall be subject to booking, processing, right to counsel, release and transfer procedures, policies and practices of that agency that are at least as protective of individual rights as other persons in such agency's custody, regardless of the person's actual or suspected immigration status.
§ 319-e. Civil immigration detainers. 1. A state or local law enforcement agency, or agent thereof, lawfully holding a person in its custody, may thereafter detain such person solely on the basis of a civil immigration detainer, for a single period not exceeding forty-eight hours excluding weekends and holidays, beyond the time when such person would otherwise have been released from such agency's custody, only if:
(a) an authorized federal immigration agency presents such state or local law enforcement agency with a judicial warrant for the detention of the person who is the subject of such civil immigration detainer at the time such civil immigration detainer is presented; or
(b) notice has been received from a court or any other governmental entity, documenting that the person illegally reentered the United States after a previous removal or return as defined in 8 U.S.C. § 1326, and the person stands convicted of a violent felony offense as defined in subdivision one of section 70.02 of the penal law, or a class A felony offense defined in the penal law, or an offense in any other
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jurisdiction that has the same essential elements of any such violent felony offense or class A felony offense; or
(c) such person is identified by such state or local law enforcement agency as a likely match with a person listed in the terrorist screening database.
2. Except to the extent that disclosure is required by federal law, no state or local law enforcement agency, or agent thereof, shall provide to a federal immigration authority, or another agency, entity or person on behalf of a federal immigration authority, any information obtained concerning a person who is in or formerly was in the custody of such state or local law enforcement agency, or agent thereof, including but not limited to the person's release date, court appearance date or dates, home, work or school address.
3. Nothing in this section shall be construed to confer any authority on an entity to detain a person based on a civil immigration detainer beyond the authority, if any, to do so that existed prior to the enactment of this section.
§ 319-f. Limitation on use of certain facilities. 1. No state or local law enforcement agency, or agent thereof, shall provide a federal immigration agency, or agent thereof, with access to an individual in such law enforcement agency's custody or control.
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 and the judiciary law, in relation to access to services, law enforcement and counsel in certain immigration related matters; and to amend the judiciary law, in relation to compen- sation of legal counsel for certain matters
Summary of provisions
The executive law is amended to add a new article 15-AA regarding relations with immigrant communities and detention of certain persons. This new article would:
*establish definitions;
Read the full memo (811 words)
*ensure that people are not unnecessarily questioned about immigration status when seeking state or local services, benefits or assistance;
*establish that state or local law enforcement agencies shall not stop, question, investigate or arrest a person based on perceived immigration status or suspected violation of federal immigration law;
*generally prohibit law enforcement agencies from inquiring about the immigration status of persons contacting such agencies when in need of assistance, including victims and witnesses;
*require state and local agencies, employees, and health care providers to maintain the confidentiality of immigration 'status information, unless acting in accordance with 8 U.S.C. 3 1373, and other information absent valid consent of the individual;
*prohibit the detention of individuals based on administratively-issued immigration detainers and require notification to an individual if an immigration warrant or related request has been filed;
*curtail the use of state and local facilities for the purposes of federal immigration enforcement;
*establish a right to legal representation for persons subject to removal or deportation proceedings (the bill also amends Judiciary Law 35 for this purpose1;
*prohibit state and local agencies from expending resources to assist the federal government in the creation or maintenance of any database or registry based on race, color, creed, gender, sexual orientation, reli- gion, Cr national or ethnic origin.
Justification
Regrettably, some persons in New York State are reluctant to interact with state and local agencies out of fear cr mistrust. Regardless of individual immigration status, these persons are concerned with possible immigration-related consequences for themselves or family members upon interacting with law enforcement or other agencies that provide vital services and benefits. While much of immigration law is established at the federal level, there are policies that can be enacted by New York to ensure that persons are not stereotyped, profiled or deterred from accessing services for which they may be eligible.
This bill, therefore, includes various measures designed to encourage cooperation and foster positive relations between agency officials and individuals in our state. Consistent with constitutional principles, the bill would prohibit New York state and local law enforcement officials from acting based on suspected federal immigration status or suspected violation of U.S. immigration law, and would prohibit these officials from performing immigration-related duties that are designated by law for federal immigration officials. This would include a prohibition on access and use of state and local governmental facilities, such as jails and detention centers, for the purpose of immigration inquiries, absent request of the individual.
People in New York should not be afraid to report crime to the police or seek emergency health care. A victim of domestic violence, for example, or pedestrian injured by an automobile, should be able to seek help without fear of repercussions. This bill would limit the collection of unnecessary information concerning immigration status in these circum- stances and others. State and local officials may, in some circum- stances, be required by federal law to respond to certain requests regarding immigration status, but federal law does not require that ,other personal information be shared.
This bill also addresses when a civil immigration warrant would be given effect by state and local law correctional authorities. A civil immi- gration warrant, issued by an agency and not a judge, is a request by a federal immigration agency for temporary detention of an individual. This bill would allow detention based on such a civil administrative warrant when the individual named therein has been convicted of a class A felony or violent felony offense and there is documented probable cause to believe the person. illegally re-entered the United State after a previous removal, or is listedin the national terrorist screening database, or if a judicial warrant has been issued. California, Connec- ticut, Illinois and the cities of Philadelphia and New York, for exam- nie, have similar laws or executive orders in place.
The bill would also help assure due process by providing a right to assigned legal counsel for immigrants in New York who are unable to afford counsel, and who are subject to removal or deportation proceedings.
The bill complies with federal law and also sets forth constitutional- ly-permissible state and local procedures that will help assure fair and just treatment for all persons in New York State.
Prior existing legislation
2017 - 2018: 84075A - Referred to Finance
Fiscal implications
Not known at this time.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.