BILL NUMBER: S3649
SPONSOR: MURRAY
 
TITLE OF BILL:
An act to amend the executive law and the general municipal law, in
relation to prohibiting local government action which prevents the
enforcement of federal laws
 
PURPOSE:
This bill, which shall be known as the New Yorkers Combating Alien Reci-
divism and Ending Sanctuary (NY CARES) Act, prohibits local governments
and entities thereof, including sheriffs departments, municipal police
departments and district attorney's offices, from adopting laws or poli-
cies which impede or interfere with the enforcement of federal immi-
gration laws.
 
SUMMARY OF PROVISIONS:
Sections One amends paragraphs (s) and (t) of subdivision 2 of section
709 of the executive law and adds a new paragraph (u) relating to the
powers and duties of the Commissioner of the Division of Homeland
Security and Emergency Services. This new paragraph requires the commis-
sioner to develop a plan to ensure that no local government adopts any
law or policy which serves to impede or interfere with the enforcement
of federal immigration laws.
Section 2 adds a new section 139-f to the general municipal law, prohib-
iting a local government from adopting a law or policy which interferes
with the enforcement of federal immigration laws.
Section 3 adds a severability clause. Section 4 provides the effective
date.
 
JUSTIFICATION:
This bill will be known as the NY CARES Act (New Yorkers Combating Alien
Recidivism and Ending Sanctuary). With the federal Title 42 law expira-
tion, New York state and many jurisdictions therein have declared a
state of emergency due to the anticipated influx of illegal immigrants.
Within days -- and even before the official expiration of Title 42--jur-
isdictions in the state have acted to provide sanctuary to illegal immi-
grants, sometimes at the detriment of other New York residents.
Criminals are pouring over the southern U.S. border now, and many are
being bused to municipalities all across the state. Local governments
are ill-equipped to handle this influx, and in fact have admittedly
declared the various states of emergency due to their incapacity to deal
with it.
Alarmingly, illegal gangs and drug activity will increase with this
influx making problems like the fentanyl crisis in our communities
increase exponentially.
However well intentioned, it is clear that local policies of non-cooper-
ation with federal detention requests puts innocent lives at risk and
should be abandoned. Our local law enforcement agencies should not be
providing sanctuary to any person who is in their custody, who is also
the subject of a detention order issued by any federal law enforcement
agency.
Also, local governments should not be picking and choosing which federal
laws or agencies that they wish to cooperate with, and those which they
wish to obstruct. This bill is urgently needed to ensure that local
laws will not be put into place that will hinder the enforcement of
federal immigration laws.
 
LEGISLATIVE HISTORY:
2024: S6964 - Referred to Veterans, Homeland Security, and Military
Affairs
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately.