NEW YORK STATE ASSEMBLY

MEMORANDUM IN SUPPORT OF LEGISLATION

submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A.
SPONSOR: Moya
TITLE OF BILL:
An act to amend the executive law
SUMMARY OF PROVISIONS:
The executive law is amended to add a new article 15-AA relating to relations with
immigrant communities.
This new article would:

establish definitions;

ensure that immigrants are not denied access to any state or local services, benefits
or assistance and are not questioned regarding their immigration status as a
condition of accessing such services or benefits;

establish that state or local law enforcement agencies shall not stop, question,
investigate or arrest a person based on perceived immigration status or violation of
federal immigration law;

prohibit law enforcement agencies from inquiring about the immigration status of
persons contacting such agencies in need of assistance, including victims and
witnesses;

require state or local agencies, employees, and health care providers to maintain the
confidentiality of their records unless acting in accordance with 8 U.S.C 1373 or with
consent of the individual;

prohibit the detention of individuals based on administratively issued federal

warrants and require notification to an individual if a civil immigration warrant has
been issued;

limit the use of state and local correctional facilities by federal immigration
authorities;

establish a right to legal representation for persons subject to removal or deportation

proceedings;

prohibit state and local agencies from expending resources to assist the federal
government in the creation or maintenance of any databases and registries on the
basis of race, gender, sexual orientation, religion, national or ethnic origin.

JUSTIFICATION:
Currently in New York State, many immigrants avoid interaction with state and local
agencies out of distrust or fear. Regardless of immigration status, these individuals are
concerned of the possible consequences for themselves or their families upon interacting
with law enforcement or other agencies that provide vital services and benefits. While much
of immigration is regulated on a federal level, there are policies that can be enacted by New
York State to ensure that immigrants are not unnecessarily detained, profiled, or prohibited
from accessing services for which they are eligible.
This bill includes various measures to encourage cooperation and positive relations between
government actors and immigrants. One of the purposes of this bill is to limit profiling of
immigrants. While this has proved to be an issue throughout the United States, a notable
case is Arizonas 2010 Support Our Law Enforcement and Safe Neighborhoods Act, which
encouraged racial profiling by giving law enforcement reason to stop individuals based on
perceived immigration status. This was overturned by the Supreme Court in Arizona v. the
United States in 2011, but racial profiling has reportedly continued to be a problem. This bill
would specifically prohibit state or local law enforcement from acting based on suspected
immigration status or violation of US immigration law, and prohibit them from performing
duties designated to federal immigration officers. This would include access and use of
facilities for the purpose of immigration inquiries, unless upon request of the individual.
Immigrants should also not have to fear reporting crimes to the police or seeking emergency
health care. Immigrants sometimes hesitate to report crimes that they are victims of or
witness to, such as domestic violence, for fear of interacting with law enforcement. Two of
the measures included in this bill involve confidentiality and data sharing with federal
immigration authorities, such as the United States Immigration and Customs Enforcement
(ICE) and the United States Custom and Border Patrol (CBP). While States may be required to
respond to federal requests regarding immigration status under federal law, federal law does
not require other confidential information to be shared. This bill would help to ensure that
immigrants feel comfortable to come forward to make reports to the police or to access
eligible benefits.
This bill also addressed when a civil immigration warrant shall be given effect by state and
local law enforcement. A civil immigration warrant allows ICE or CBP to request that local or
state law enforcement detain an individual suspected of an immigration violation, even if
they would otherwise be released from custody. This infringes upon the individuals due
process rights. This bill would only allow detention based on a detainer warrant in cases of
individuals convicted of a violent felony offense, who are listed in the terrorist screening
database, or if a judicial warrant is issued. California, Connecticut, parts of Illinois, and New
York City have instituted similar policies.
The bill would further ensure the protection of due process rights by providing a right to
legal counsel to immigrants in New York State who are subject to deportation proceedings.
The US Department of Justice permits attorneys who are members of the bar in any state to
represent individuals in immigration proceedings.
The intent of this bill is to foster positive relations with immigrant communities, particularly
with law enforcement authorities. The bill seeks to comply with existing federal law but to
create state policy that allows for fair and just treatment of immigrants in New York State.
LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:
Not known at this time.
EFFECTIVE DATE:
This act shall take effect immediately.