What's happening
This bill requires state agencies to provide guidance to facilities and programs on handling inquiries from federal immigration authorities.
Why it matters
Ensures Consistent Handling of Federal Immigration Requests. By requiring state agencies to prepare and share guidance with facilities and programs under their oversight, the bill aims to create standardized procedures for responding to federal immigration authorities, reducing confusion and risk of inconsistent or unlawful sharing of information.
Protects Vulnerable Populations. Facilities and programs serving immigrants—such as shelters, schools, and community centers—will have clearer instructions on how to safeguard the rights and privacy of individuals when approached by federal immigration officials, potentially limiting unnecessary disclosures or access.
Empowers Frontline Staff. Clear guidance helps staff at state-overseen facilities understand their legal obligations and boundaries, potentially reducing liability for both individuals and organizations while fostering trust among immigrant communities.
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Who cares
State agencies
The bill would require assistance to agencies in preparing guidance for facilities and programs they oversee on responding to federal immigration authorities’ inquiries.
State-overseen facilities and programs
They would receive guidance concerning federal immigration authorities’ requests for access to residents or participants, their records or other information about them.
Residents and participants in state-overseen facilities and programs
The guidance would address federal immigration authorities’ efforts to gain access to them or obtain information about them.
Federal immigration authorities
Their inquiries seeking access to people or information at state-overseen facilities and programs would be the subject of the guidance.
Headline styles
Guide State Facilities on ICE
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
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.
Guide State Facilities on Immigration
In Assembly Committee · Governmental Operations · Sponsor Michaelle C. Solages
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5345
2019-2020 Regular Sessions
IN SENATE
April 26, 2019
Introduced by Sen. SEPULVEDA -- 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 guidance to facilities and programs overseen by state agencies on interactions with Federal immigration authorities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (m) and (n) of subdivision 5 of section 94-b of the executive law, as added by chapter 206 of the laws of 2014, are amended to read as follows:
(m) Encourage and assist local governments in the development of activities to enhance civic engagement among immigrants and in immigrant communities; [and]
(n) Assist state agencies in the preparation of guidance to be disseminated to facilities and programs overseen by such agencies concerning inquiries from Federal immigration authorities seeking access to individuals residing or participating in such facilities or programs, or to records or other information regarding such persons; and
(o) Beginning in two thousand fifteen, by June fifteenth of each year, produce a report to the governor, the speaker of the assembly, and the temporary president of the senate describing the activities of the office, including but not limited to, summarizing calls received through the hotline and website, information on ESOL training services provided by the office, the number of immigrants assisted through the opportunity centers, or an estimation thereof, the status of any workforce development programs, and any other relevant information.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05127-01-9
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 guidance to facilities and programs overseen by state agencies on inter- actions with Federal immigration authorities
Purpose or general idea of bill
To ensure that facilities and programs that are overseen by state agen- cies receive accurate guidance on how to respond to requests by Federal immigration authorities for access to individuals who are residents or participants in such facilities or programs or for records or other information pertaining to such persons
Summary of specific provisions
Bill § 1 adds a new paragraph (n) to subdivision 5 of Executive Law § 94-b to make it a power and responsibility of the Office for New Ameri- cans (ONA) to assist state agencies in the preparation of guidance to be disseminated to facilities and programs overseen by such agencies concerning inquiries from Federal immigration authorities seeking access to individuals residing or participating in such facilities or programs, or to records or other information regarding such persons.
Justification
This bill would assist facilities and programs that are overseen by state agencies to better understand their legal responsibilities regard- ing requests by Federal immigration authorities for access to residents or program participants or for records or other information on such persons. Earlier this year, in response to recent Federal immigration actions the State Education Commissioner and Attorney General issued guidance to school districts on how to respond to requests by immi- gration authorities for information on students. Similar guidance should be made available to facilities and programs that operate under the auspices of other state agencies.
For example, it was reported recently that immigration agents in another state detained an asylum seeker in a hospital awaiting surgery for a brain tumor. They allegedly refused to let her speak to her family and ordered the hospital to remove her name from the patient list. In New York guidance would help a health care facility determine how to proceed in such a case to avoid a violation of the patient's rights under our state law and regulations.
This bill provides for the Office of New Americans, which has expertise in immigration-related matters, to assist state agencies in developing accurate guidance to be disseminated to facilities and programs under their jurisdiction that may need it. This will help ensure that these entities are not exposed to legal liability by abetting abusive and unauthorized practices.
Prior legislative history
A7932 2017-2018 Legislative Session
Fiscal implications
None
Effective date
Sixtieth day after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.