Bill Text: NY A07430 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the New York Values Act to safeguard the safety and well-being of our immigrant community by providing a clear delineation between New York law enforcement and federal immigration enforcement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A07430 Detail]
Download: New_York-2017-A07430-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7430 2017-2018 Regular Sessions IN ASSEMBLY April 25, 2017 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law and the correction law, in relation to enacting the New York Values Act providing for a clear distinction between New York law enforcement and federal immigration enforcement The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 values act". 3 § 2. Legislative findings. The legislature hereby finds and declares 4 the following: 5 1. Immigrants are valuable and essential to the fabric and the identi- 6 ty of New York. Approximately one in five New Yorkers is foreign born 7 and approximately one in three children in New York has at least one 8 foreign born parent. 9 2. A relationship of trust between New York's immigrant community and 10 state and local agencies is critical to the public safety of all New 11 Yorkers and those who visit our state. 12 3. This trust is threatened when state and local agencies are entan- 13 gled with federal immigration enforcement. New Yorkers are less secure 14 when fewer immigrants seek basic services out of fear of encountering 15 immigration enforcement. No New Yorker should be so dissuaded that he or 16 she is afraid to approach law enforcement when they are victims of or 17 witnesses to crimes, to seek medical care, or to attend or drop their 18 children off at school. 19 4. Entangling state and local agencies with federal immigration 20 enforcement programs diverts already limited state and local resources 21 and blurs the lines of accountability between local, state, and federal 22 governments. 23 5. State and local participation in federal immigration enforcement 24 programs also raises constitutional concerns, including the prospect EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10976-01-7A. 7430 2 1 that New Yorkers could be detained in violation of section twelve of 2 article one of the constitution of the state of New York and the fourth 3 amendment to the constitution of the United States, targeted on the 4 basis of race or ethnicity in violation of the equal protection clauses 5 of the constitutions of New York and the United States, or denied access 6 to education based on immigration status. 7 6. This act seeks to ensure effective policing, to protect the safety, 8 well-being, and constitutional rights of all New Yorkers, and to direct 9 the state's limited resources to matters of greatest concern to state 10 and local governments. 11 § 3. The executive law is amended by adding a new article 11-b to read 12 as follows: 13 ARTICLE 11-B 14 NEW YORK VALUES 15 Section 233. Definitions. 16 234. New York values. 17 235. Special provisions governing interaction between New York 18 law enforcement and immigration and customs enforcement. 19 236. Model policies. 20 237. Enforcement by attorney general. 21 § 233. Definitions. For purposes of this article, the following terms 22 shall have the following meanings: 23 1. "New York law enforcement agency" means the state police including 24 university police of the state of New York and any agency of a village, 25 town, city, county, special district, or other political subdivision of 26 the state that is authorized to enforce criminal statutes, regulations, 27 or local ordinances; or to operate jails or to maintain custody of indi- 28 viduals in jails; or to operate juvenile detention facilities or to 29 maintain custody of individuals in juvenile detention facilities; or to 30 monitor compliance with probation or parole conditions. 31 2. "Civil immigration detainer" shall mean an administrative request 32 issued pursuant to 8 CFR 287.7 or any similar request issued by an agen- 33 cy or agent of the United States for the detention of a person suspected 34 of violating the immigration law of the United States. 35 3. "Federal immigration authority" means any officer, employee, or 36 person otherwise paid by or acting as an agent of the United States 37 immigration and customs enforcement or United States customs and border 38 protection, or any division thereof, or any other officer, employee or 39 person otherwise paid by or acting as an agent of the United States 40 department of homeland security who is charged with immigration enforce- 41 ment. 42 4. "Health facility" means any physical location where a health care 43 practitioner or any other purveyor of health services performs or 44 conducts services. 45 5. "Hold request" means a federal immigration and customs enforcement 46 request that a local law enforcement agency maintain custody of an indi- 47 vidual currently in its custody beyond the time he or she would other- 48 wise be eligible for release in order to facilitate transfer to immi- 49 gration and customs enforcement. 50 6. "Notification request" means an immigration and customs enforcement 51 request that a local law enforcement agency inform immigration and 52 customs enforcement of the release date and time in advance of the 53 public of an individual in its custody. 54 7. "Transfer request" means an immigration and customs enforcement 55 request that a local law enforcement agency facilitate the transfer of 56 an individual in its custody to immigration and customs enforcement.A. 7430 3 1 8. "Immigration enforcement" includes any and all efforts to investi- 2 gate, enforce, or assist in the investigation or enforcement of any 3 federal civil immigration law, and also includes any and all efforts to 4 investigate, enforce, or assist in the investigation or enforcement of 5 any federal criminal immigration law that penalizes a person's presence 6 in, entry, reentry, or employment in the United States. The term "immi- 7 gration enforcement" does not include: (a) efforts to investigate, 8 enforce, or assist in the investigation or enforcement of a violation of 9 8 USC 1326(a) that may be subject to the enhancement specified in 8 USC 10 1326 (b)(2) and that is detected during an unrelated law enforcement 11 activity, or 12 (b) transferring an individual to federal immigration authorities for 13 violation of 8 USC 1326(a) that is subject to the enhancement specified 14 in 8 USC 1326(b) if the individual has been previously convicted of a 15 violent felony listed in section 70.02 of the penal law. 16 9. "Joint law enforcement task force" means a New York law enforcement 17 agency collaborating, engaging, or partnering with a federal law 18 enforcement agency in investigating, interrogating, detaining, detect- 19 ing, or arresting persons for violations of federal or state crimes. 20 10. "Judicial warrant" means a warrant based on probable cause and 21 issued by a federal judge or federal magistrate judge that authorizes 22 federal immigration authorities to take into custody the person who is 23 the subject of the warrant. 24 11. "Public schools" means all public elementary, secondary and 25 college-level schools in the state. 26 § 234. New York values. 1. New York law enforcement agencies shall not 27 do any of the following: 28 (a) Use agency or department money, facilities, property, equipment, 29 or personnel to investigate, interrogate, detain, detect, or arrest 30 persons for immigration enforcement purposes including, but not limited 31 to, any of the following: 32 (1) Inquiring into an individual's immigration status. 33 (2) Detaining an individual on the basis of a hold request. 34 (3) Responding to requests for notification by providing release dates 35 or other information unless that information is available to the public. 36 (4) Providing information regarding a person's release date unless 37 that information is available to the public. 38 (5) Providing personal information about an individual, including, but 39 not limited to, the individual's home address or work address unless 40 that information is available to the public. 41 (6) Making arrests based on civil immigration detainers. 42 (7) Giving federal immigration authorities access to interview an 43 individual in agency or department custody, except pursuant to a judi- 44 cial warrant, and in accordance with section two hundred thirty-five of 45 this article. 46 (8) Assisting federal immigration authorities in the activities 47 described in 8 USC 1357(a)(3). 48 (9) Performing the functions of an immigration officer, whether pursu- 49 ant to 8 USC 1357(g) or any other law, regulation or policy, whether 50 formal or informal. 51 (b) Make agency or department databases, including databases main- 52 tained for the agency or department by private vendors, or the informa- 53 tion therein other than information regarding an individual's citizen- 54 ship or immigration status, available to anyone or any entity for the 55 purpose of immigration enforcement. Any agreements in existence on the 56 date that this section becomes effective that conflict with the terms ofA. 7430 4 1 this paragraph are terminated on such date. A person or entity provided 2 access to agency or department databases shall certify in writing that 3 the database will not be used for any purpose prohibited by this 4 section. 5 (c) Place peace officers under the supervision of federal agencies or 6 employ peace officers deputized as special federal officers or special 7 federal deputies except to the extent those peace officers remain 8 subject to New York law governing conduct of peace officers and the 9 policies of the employing agency. 10 (d) Use federal immigration authorities as interpreters for law 11 enforcement matters relating to individuals in agency or department 12 custody. 13 (e) Transfer an individual to federal immigration authorities unless 14 authorized by a judicial warrant or for a violation of USC 1326(a) that 15 is subject to the enhancement specified in USC 1326 (b)(2) and the indi- 16 vidual has been previously convicted of a violent felony listed in 17 section 70.02 of the penal law. 18 2. Notwithstanding the limitations of subdivision one of this section, 19 nothing in this section shall prevent any New York law enforcement agen- 20 cy from doing any of the following: 21 (a) Responding to a request from federal immigration authorities about 22 a specific person's criminal history, including previous criminal 23 arrests, convictions, and similar criminal history information, where 24 otherwise permitted by state law. 25 (b) Participating in a joint law enforcement task force, so long as 26 the primary purpose of the joint law enforcement task force is not immi- 27 gration enforcement, as defined in subdivision eight of section two 28 hundred thirty-three of this article, and participation in the task 29 force by a New York law enforcement agency does not violate any local 30 law or policy of the jurisdiction in which the agency is operating. 31 (c) Making inquiries into information necessary to certify an individ- 32 ual who has been identified as a potential crime or trafficking victim 33 for a T or U visa pursuant to section 8 USC 1011(a)(15)(T) or 8 USC 34 1101(a)(15)(U), to comply with 18 USC 922(d)(5), or to refer the indi- 35 vidual for services from the office for new Americans established pursu- 36 ant to section ninety-four b of this chapter. 37 (d) Responding to a notification request from federal immigration 38 authorities for a person who is serving a term for the conviction of a 39 misdemeanor or felony offense and has a current or prior conviction for 40 a violent felony listed in section 70.02 of the penal law, provided that 41 response would not violate any local law or policy. 42 3. If a New York law enforcement agency chooses to participate in a 43 joint law enforcement task force, it shall submit a report every six 44 months to the attorney general, as specified by the attorney general. 45 The report shall detail for each task force operation, the purpose of 46 the task force, the federal, state, and local law enforcement agencies 47 involved, the number of New York law enforcement agency personnel 48 involved, a description of arrests made for any federal and state 49 crimes, and a description of the number of people arrested for immi- 50 gration enforcement purposes. The reporting agency or the attorney 51 general may determine a report, in whole or in part, shall not be 52 subject to disclosure pursuant to article six of the public officers 53 law, to the extent that disclosure of a particular item of information 54 would endanger the safety of a person involved in the investigation or 55 would endanger the successful completion of the investigation or a 56 related investigation.A. 7430 5 1 4. The attorney general, within fourteen months of the effective date 2 of this section that added this article, and twice a year thereafter, 3 shall report on the types and frequency of joint law enforcement task 4 forces. The report shall include, for the reporting period, assessments 5 on compliance with paragraph (b) of subdivision two of this section, a 6 list of all New York law enforcement agencies that participate in joint 7 law enforcement task forces, a list of joint law enforcement task forces 8 for the violation of federal or state crimes, and the number of arrests 9 made associated with joint law enforcement task forces for the purposes 10 of immigration enforcement by all task force participants, including 11 federal law enforcement agencies. The attorney general shall post the 12 reports required by this subdivision on the attorney general's website. 13 5. Notwithstanding any other law, in no event shall a New York law 14 enforcement agency transfer an individual to federal immigration author- 15 ities for purposes of immigration enforcement or detain an individual at 16 the request of federal immigration authorities for purposes of immi- 17 gration enforcement absent a judicial warrant, except as provided in 18 paragraph (d) of subdivision two of this section. This subdivision shall 19 not limit the scope of subdivision one of this section. 20 § 235. Special provisions governing interaction between New York law 21 enforcement and immigration and customs enforcement. 1. In advance of 22 any interview between immigration enforcement and an individual in local 23 law enforcement custody regarding civil immigration violations, the 24 local law enforcement entity shall provide the individual with a written 25 consent form that explains the purpose of the interview, that the inter- 26 view is voluntary, and that he or she may decline to be interviewed or 27 may choose to be interviewed only with his or her attorney present. The 28 written consent form shall be available in English, Spanish, Spanish 29 Creole, Chinese, Jamaican Patois, Haitian Creole, French, Polish, 30 German, Italian, Portuguese, Russian, Yiddish, Hebrew, Hungarian, 31 Arabic, Persian, Hindi, Urdu, Gujarati, Tagalog, Vietnamese, Japanese, 32 and Korean and as otherwise required by law. 33 2. Upon receiving any immigration and customs enforcement hold, 34 notification, or transfer request, the local law enforcement agency 35 shall provide a copy of the request to the individual and inform him or 36 her whether the law enforcement agency intends to comply with the 37 request. If a local law enforcement agency provides immigration and 38 customs enforcement with notification that an individual is being, or 39 will be, released on a certain date, the local law enforcement agency 40 shall promptly provide the same notification in writing to the individ- 41 ual and to his or her attorney or to one additional person who the indi- 42 vidual shall be permitted to designate. 43 3. All records relating to immigration and customs enforcement access 44 provided by local law enforcement agencies, including all communication 45 with immigration and customs enforcement, shall be public records for 46 purposes of article six of the public officers law, including the 47 exemptions provided by such article and, as permitted under such arti- 48 cle, personal identifying information may be redacted prior to public 49 disclosure. Records relating to immigration and customs enforcement 50 access include, but are not limited to, data maintained by the local law 51 enforcement agency regarding the number and demographic characteristics 52 of individuals to whom the agency has provided immigration and customs 53 enforcement access, the date immigration and customs enforcement access 54 was provided, and whether the immigration and customs enforcement access 55 was provided through a hold, transfer, or notification request or 56 through other means.A. 7430 6 1 4. Beginning January, first two thousand eighteen, the local governing 2 body of any county, city, or city and county in which a local law 3 enforcement agency has provided immigration and customs enforcement 4 access to an individual during the last year shall hold at least one 5 community forum during the following year, that is open to the public, 6 in an accessible location, and with at least thirty days' notice to 7 provide information to the public about immigration and customs enforce- 8 ment access to individuals and to receive and consider public comment. 9 As part of this forum, the local law enforcement agency may provide the 10 governing body with data it maintains regarding the number and demo- 11 graphic characteristics of individuals to whom the agency has provided 12 immigration and customs enforcement access, the date immigration and 13 customs enforcement access was provided, and whether the immigration and 14 customs enforcement access was provided through a hold, transfer, or 15 notification request or through other means. Data may be provided in the 16 form of statistics or, if statistics are not maintained, individual 17 records, provided that personally identifiable information shall be 18 redacted. 19 § 236. Model policies. Within ninety days of the effective date of 20 this section, in consultation with the appropriate stakeholders, shall 21 publish model policies limiting assistance with immigration enforcement 22 to the fullest extent possible consistent with federal and state law at 23 public schools, public libraries, health facilities operated by the 24 state or a political subdivision of the state, courthouses, department 25 of labor facilities and shelters, and ensuring that they remain safe and 26 accessible to all New Yorkers, regardless of immigration status. All 27 public schools, health facilities operated by the state or a political 28 subdivision of the state, and courthouses shall implement a model poli- 29 cy, or an equivalent policy. All other organizations and entities that 30 provide services related to physical or mental health and wellness, 31 education, or access to justice, including the state university of New 32 York, are encouraged to adopt the model policy. 33 § 237. Enforcement by attorney general. In addition to the other reme- 34 dies provided, whenever there shall be a violation of this article, 35 application may be made by the attorney general in the name of the 36 people of the state of New York to a court or justice having jurisdic- 37 tion by a special proceeding to issue an injunction, and upon notice to 38 the defendant of not less than five days, to enjoin and restrain the 39 continuance of such violations; and if it shall appear to the satisfac- 40 tion of the court or justice that the defendant has, in fact, violated 41 this article, an injunction may be issued by such court or justice, 42 enjoining and restraining any further violation, without requiring proof 43 that any person has, in fact, been injured or damaged thereby. In any 44 such proceeding, the court may make allowances to the attorney general 45 as provided in paragraph six of subdivision (a) of section eighty-three 46 hundred three of the civil practice law and rules, and direct restitu- 47 tion. Whenever the court shall determine that a violation of this arti- 48 cle has occurred, the court shall impose a civil penalty of not less 49 than one thousand dollars and not more than three thousand dollars for 50 each violation. In connection with any such proposed application, the 51 attorney general is authorized to take proof and make a determination of 52 the relevant facts and to issue subpoenas in accordance with the civil 53 practice law and rules. 54 § 4. Section 147 of the correction law, as amended by chapter 476 of 55 the laws of 1970, is amended to read as follows:A. 7430 7 1 § 147. Alien inmates of correctional facilities. 1. The commissioner 2 shall [within three months after admission of an alien inmate to a3correctional facility cause an investigation to be made of the record4and past history of such alien and shall upon the termination of such5investigation cause the record of such alien, together with all facts6disclosed by such investigation, and his recommendations as to deporta-7tion, to be forwarded to the United States immigration authorities8having such matters in charge] notify United States immigration and 9 customs enforcement of the scheduled release on parole or post release 10 community supervision, or rerelease following a period of confinement 11 pursuant to a parole revocation without a new commitment, of all aliens 12 confined to a state prison serving a current term for the conviction of, 13 or who have a prior conviction for, a violent felony listed in section 14 70.02 of the penal law. 15 2. The notification pursuant to subdivision one of this section shall 16 be made at least sixty days prior to the scheduled release date or as 17 soon as practicable if notification cannot be provided at least sixty 18 days prior to release. The only non-publicly available personal informa- 19 tion that the notification may include is the name of the person who is 20 scheduled to be released and the scheduled date of release. 21 § 5. Severability. If any provision of this act or its application to 22 any person or circumstance is held invalid, the remainder of this act, 23 and the application of those provisions to persons other than those to 24 which it is held invalid, shall not be affected thereby. 25 § 6. This act shall take effect immediately.
