What's happening
This bill prohibits New York law enforcement from inquiring about immigration status during most investigations, with limited exceptions.
Why it matters
Builds trust and cooperation with immigrant communities. , as victims and witnesses may be more willing to speak with police without fear of immigration-related questions, potentially leading to better crime reporting and resolution.
Limits law enforcement’s ability to use immigration status as a tool during stops, searches, or interviews. , reducing the risk of racial profiling and unlawful detentions based on perceived immigration status.
Creates clear exceptions only for specific cases. when someone is booked into a detention facility or arrested for a crime and immigration status is directly relevant—thereby narrowing the circumstances in which immigration status can impact criminal investigations.
Aligns local law enforcement practices with broader sanctuary policies. , which may reduce the likelihood of local police involvement in federal immigration enforcement and support statewide consistency in handling immigration status during investigations.
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Who cares
Headline styles
Bar Police from Asking Immigration
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1097
2025-2026 Regular Sessions
IN SENATE
January 8, 2025
Introduced by Sens. RAMOS, KRUEGER -- read twice and ordered printed, and when printed to be committed 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.
LBD03142-01-5
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 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
2023-24: S4575 (Ramos) Referred to Codes
2021-22: S4398 (Ramos) Referred to Codes
2019-20: S3341 (Ramos) Referred to Finance / A5325 (Rozic) referred to codes
Fiscal impact
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.