BILL NUMBER: S8523
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the civil rights law, in relation to protecting New
Yorkers from unnecessary inquiry into immigration status and restricting
federal immigration authorities' access to state buildings
 
PURPOSE:
To protect the privacy and civil rights of all New Yorkers, particularly
undocumented noncitizens, by limiting unnecessary inquiries into immi-
gration status by state personnel and by ensuring federal immigration
authorities cannot detain individuals within state buildings without
judicial oversight.
 
SUMMARY OF PROVISIONS:
This bill adds a new Article 5-B, titled the Noncitizen Protection and
Public Safety Act, to the Civil Rights Law:
*Section 58 defines key terms such as "undocumented noncitizen," "ille-
gal activity," "state facility," "judicial warrant," and "judicial
order."
*Section 59 prohibits state officers and employees, including law
enforcement, from inquiring into an individual's immigration status
except when required by law or necessary for eligibility determinations.
It also limits the sharing of immigration status information with feder-
al authorities unless legally mandated.
*Section 59-a restricts federal immigration authorities from making
civil arrests inside state facilities unless they present a valid judi-
cial warrant or order, or the arrest is directly related to a proceeding
within the facility.
 
JUSTIFICATION:
Across New York State, the rights and privacy of undocumented individ-
uals are often undermined by a patchwork of inconsistent policies
regarding cooperation with federal immigration authorities. This can
foster confusion, fear, and distrust of public institutions, weakening
public safety and community engagement.
This legislation seeks to codify and strengthen protections outlined in
Executive Order 170, which was signed to prevent state agencies and
officers from inquiring about an individual's immigration status except
when required by law or necessary for program eligibility, and to limit
the use of state resources for federal immigration enforcement. By
enshrining these principles in law, the bill ensures these protections
cannot be easily revoked or modified by future administrations, provid-
ing long-term security and clarity for immigrant New Yorkers.
The need for this legislation is urgent and clear: fear of immigration
enforcement discourages individuals from reporting crimes, cooperating
with law enforcement, and accessing essential services. When undocu-
mented individuals hesitate to engage with public agencies due to
concerns over their immigration status, public safety, and public health
suffer for all New Yorkers. Establishing clear, uniform rules for how
state employees and law enforcement interact with federal immigration
authorities will build community trust, promote cooperation, and ensure
that state resources are dedicated to the safety and well-being of all
residents - not federal civil immigration enforcement - especially in
this political climate, where shifting federal policies and rhetoric
have only deepened uncertainty and fear for immigrant communities.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.