What's happening
This bill prohibits New York law enforcement from inquiring about immigration status during most interactions, with limited exceptions.
Why it matters
Protects immigrant communities from routine status checks,. likely increasing trust between law enforcement and residents by reducing fears of deportation or discrimination during common interactions (traffic stops, pedestrian stops, searches).
Encourages victims and witnesses of crimes to cooperate with police. by explicitly prohibiting officers from asking about their immigration status, which could improve reporting and solving of crimes in immigrant-heavy neighborhoods.
Limits exceptions to serious circumstances,. only allowing immigration status inquiries if a person is booked into a detention facility or if their status is directly relevant to a criminal investigation after an arrest, which narrows the scope for potential misuse or profiling.
Signals a clear separation between local policing and federal immigration enforcement,. aiming to focus police resources on crime prevention and public safety rather than immigration matters, potentially shifting community-police dynamics.
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Who cares
Headline styles
Bar Police Immigration Questions
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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.
Ban Immigration Status Questions
In Assembly Committee · Codes · Sponsor Nily Rozic
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3341
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
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.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to prohibiting a law enforcement agency or officer from inquiring about immigration status
Purpose
To limit the inquiry into the immigration status of an individual by a law enforcement officer during the course of an investigation unless the individual is booked into a detention facility or is arrested for a breach of New York State Penal Code and immigration status is pertinent to the criminal investigation.
Summary of specific provisions
Section I of the bill amends the executive law by adding new section 844 to limit the inquiry into immigration status by a law enforcement agency or officer.
Section II sets forth the effective date.
Justification
In 2008, Immigration and Customs Enforcement (ICE) created the Secure Communities program. Under this program, when an individual is booked in jail and fingerprinted, Immigration and Customs Enforcement (ICE) is automatically notified of a match in an immigration database. New York State's participation in the Secure Communities program was suspended in 2011 after concerns were raised over the program's implementation and the impact it would have on immigrant communities. It was also revealed that crime fighting efforts at the local and state level were negatively impacted as people became fearful to serve as witnesses to crimes.
Upon its creation, participation in the Secure Communities program was voluntary. As of 2013 when it became mandatory, municipalities across the United States including Los Angeles, Austin, New Haven, and Chicago began challenging the mandate. New York City remains the most hesitant in enforcing the program. Elected officials, community organizations, and residents have strongly voiced their opposition after it was revealed that many of the immigrants who were being deported did not have criminal backgrounds.
The intention to make our communities safer should not go against what New York stands for as a state that welcomes the diversity of immigrant families. Since its inception, Secure Communities has instilled fear in immigrant neighborhoods and we must ensure that the resources of local and state police are only being used to target individuals who pose a serious threat to our society.
This bill would limit inquiry into the immigration status of an individ- ual by a law enforcement officer during the course of an investigation unless the individual has been booked into a detention facility, has violated penal code, and his or her status is relevant to the criminal investigation. Requiring these protections is a reflection of New York's long history of providing immigrants opportunity and safety.
Legislative history
2017-2018: A.1247 (Rozic)-Referred to Codes 2015-2016: S.3714 (Espaillat)-Referred to Finance/A.6382 (Rozic) - Referred to Codes 2014: S.1748 (Espaillat)-Referred to Finance/A.7228 (Rosa) - Referred to Codes
Fiscal impact to the state
None.
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.