BILL NUMBER: S632
SPONSOR: LIU
 
TITLE OF BILL:
An act to amend the general municipal law, in relation to oversight of
immigration detention facilities
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide additional oversight of immigration detention facilities in
New York State, limit the expansion of immigration detention facilities
in New York State and to prohibit the construction of new immigration
detention facilities unless approval is gained from the legislature.
 
SUMMARY OF PROVISIONS:
Section 1 amends the general municipal law by adding a new section 99-x.
Section 99x subsection 1 amends the general municipal law to prohibit«
the use of municipal funds or resources for the construction or expan-
sion of immigration detention facilities without approval from the
legislature.
Section 99x subsection 2 amends the general municipal law to prohibit
the use of municipal lands, buildings, or other resources for the
construction of any new federal or private detention facilities within
its jurisdiction; and limits municipalities from expanding upon and
entering into current or new agreements to detain noncitizens for civil
proceedings unless such municipality has obtained legislative approval.
Section 99x subsection 3 establishes a committee on immigration
detention oversight consisting of six members, sets parameters for the
review of existing immigration detention facilities, allocates funding
for the committee on immigration detention, sets baseline standards for
review, and adds reporting requirements for the established committee.
Section 2 sets the effective date.
 
JUSTIFICATION:
Recent reports have shown that public and private contractors running
immigration detention facilities have violated federal detention stand-
ards thousands of times in recent years, including failing to report
allegations of sexual assaults and staff misconduct to Immigration and
Customs Enforcement.
In addition, members of the legislature who have conducted visits to
immigration detention facilities located in the State have noted a lack
of heat, less than adequate clothing for confinement, a high cost for
phone calls, and a lack of care in medical appointments in addition to a
denial of due process with detainees being held indefinitely for weeks,
months, or even years in anticipation of a court hearing.
This bill would ensure that immigration detention facilities are in
accordance with legal detention standards as determined by the Federal
Government and New York State while ensuring that local jails are unable
to expand the detention of immigrants without legislative approval.
 
PRIOR LEGISLATIVE HISTORY:
01/03/24 REFERRED TO LOCAL GOVERNMENT:
01/19/23 REFERRED TO LOCAL GOVERNMENT:
Last Act: 01/05/22 REFERRED TO LOCAL GOVERNMENT:
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.