S T A T E O F N E W Y O R K ________________________________________________________________________ 6806 I N S E N A T E February 9, 2010 ___________ Introduced by Sen. PADAVAN -- 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 cooperation between police agencies and the United States bureau of immigration and customs enforcement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The executive law is amended by adding a new section 838-a 2 to read as follows: 3 S 838-A. COOPERATION BETWEEN POLICE AGENCIES AND THE UNITED STATES 4 BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT. 1. EVERY POLICE AGENCY 5 IN THE STATE AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHT HUNDRED 6 THIRTY-FIVE OF THIS ARTICLE, SHALL FULLY COOPERATE WITH THE UNITED 7 STATES BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT REGARDING ANY 8 PERSON WHO IS ARRESTED UNDER STATE LAW AND WHO IS REASONABLY SUSPECTED 9 OF BEING PRESENT IN THE UNITED STATES IN VIOLATION OF FEDERAL IMMI- 10 GRATION LAWS. 11 2. WITH RESPECT TO ANY SUCH PERSON WHO IS SO ARRESTED AND WHO IS 12 REASONABLY SUSPECTED OF BEING PRESENT IN THE UNITED STATES IN VIOLATION 13 OF FEDERAL IMMIGRATION LAWS, EVERY LAW ENFORCEMENT AGENCY SHALL DO THE 14 FOLLOWING: 15 (A) ATTEMPT TO VERIFY THE STATUS OF SUCH PERSON AS ONE OF THE FOLLOW- 16 ING: 17 (I) A CITIZEN OF THE UNITED STATES; 18 (II) AN ALIEN LAWFULLY ADMITTED AS A PERMANENT RESIDENT; 19 (III) AN ALIEN LAWFULLY ADMITTED FOR A TEMPORARY PERIOD OF TIME; 20 (IV) A PERSON WHO IS OTHERWISE AUTHORIZED UNDER FEDERAL LAW TO BE 21 PRESENT IN THE UNITED STATES; OR 22 (V) AN ALIEN WHO IS PRESENT IN THE UNITED STATES IN VIOLATION OF 23 FEDERAL IMMIGRATION LAWS. 24 THE VERIFICATION PROCESS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, 25 QUESTIONING THE PERSON REGARDING HIS PLACE AND DATE OF BIRTH AND ENTRY 26 INTO THE UNITED STATES AND REQUESTING TO SEE DOCUMENTATION INDICATING 27 HIS LEGAL STATUS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07151-01-9 S. 6806 2 1 (B) NOTIFY THE PERSON OF HIS SUSPECTED STATUS AS AN ALIEN WHO IS 2 PRESENT IN THE UNITED STATES IN VIOLATION OF FEDERAL IMMIGRATION LAWS. 3 (C) NOTIFY THE ATTORNEY GENERAL AND THE UNITED STATES BUREAU OF IMMI- 4 GRATION AND CUSTOMS ENFORCEMENT OF SUCH PERSON'S SUSPECTED ILLEGAL IMMI- 5 GRATION STATUS AND PROVIDE ANY ADDITIONAL INFORMATION THAT MAY BE 6 REQUESTED BY ANY OTHER PUBLIC ENTITY. 7 3. ANY LEGISLATIVE, ADMINISTRATIVE OR OTHER ACTION BY A CITY, COUNTY 8 OR OTHER LOCAL GOVERNMENTAL ENTITY, OR BY A LAW ENFORCEMENT AGENCY, TO 9 PREVENT OR LIMIT THE COOPERATION REQUIRED BY SUBDIVISION ONE OF THIS 10 SECTION SHALL BE PROHIBITED. 11 4. WHENEVER A STATE, CITY, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY 12 REPORTS A PERSON WHO IS SUSPECTED OF BEING PRESENT IN THE UNITED STATES 13 IN VIOLATION OF FEDERAL IMMIGRATION LAWS TO THE ATTORNEY GENERAL, THAT 14 REPORT SHALL BE TRANSMITTED TO THE UNITED STATES BUREAU OF IMMIGRATION 15 AND CUSTOMS ENFORCEMENT. THE ATTORNEY GENERAL SHALL BE RESPONSIBLE FOR 16 MAINTAINING COMPLETE AND ACCURATE RECORDS OF SUCH REPORTS, AND SHALL 17 PROVIDE ANY ADDITIONAL INFORMATION THAT MAY BE REQUESTED BY ANY OTHER 18 GOVERNMENT ENTITY. 19 S 2. This act shall take effect on the thirtieth day after it shall 20 have become a law.