BILL NUMBER: S8539
SPONSOR: RAMOS
TITLE OF BILL:
An act to amend the executive law, in relation to the use of state or
municipal property for civil immigration enforcement activity and
providing protections for persons on such property
PURPOSE:
To prohibit U.S. Immigration and Customs Enforcement from using any
state or local property in New York to carry out civil immigration
enforcement, unless a valid judicial warrant is present.
SUMMARY OF PROVISIONS:
Section 1. Establishes the short title of the bill as the "New York
State ICE-free zones act". Section 2. Adds a new section 170-k in the
executive law which limits immigration enforcement on state and local
property.
*1. Sets definitions for State or municipal property, civil immigration
enforcement activity, immigration enforcement officer, judicial warrant,
designated signage, responsible official.
*2. It is illegal to use, lease, or make any state or municipal property
for immigration enforcement activity, un;ess the activity is conducted
with a valid judicial warrant that specifically authorizes the activity
at that particular property.
*3. Within 30 days of the law taking effect, officials must post desig-
nated signs at entrances and public areas of all state and municipal
properties. The signs must state that the property is publicly owned and
may not be used for civil immigration enforcement without a valid judi-
cial warrant.
*4. No person present on state or municipal property shall be subject to
questioning, detention, or arrest by an immigration officer unless the
officer presents a valid judicial warrant applicable to such person or
location.
*5. If an office becomes aware of a violation of this law, they must
notify the state Attorney General.
*6. Clarification that this law only regulates the use of state and
local property and is not intended to regulate federal agencies in
federal territories like federal buildings. Section 3 Establishes the
effective date
JUSTIFICATION:
The Federal Administration has ramped up their attacks on residents'
constitutional rights across the country. As they set their eyes on New
York State, it is important that we increase protections in ways that
make New York a proper sanctuary state. After the incredibly dangerous
change to the Federal "protective areas" policy, New York State has the
duty to act swiftly and designate state and local property in New York
as protected public property. Immigration and Customs Enforcement (ICE)
should not be able to carry out their predatory attacks based on fear
mongering and terror on state and local grounds. New Yorkers should have
the right to use their state and local buildings/resources without the
fear of being hunted on by ICE.
This bill addresses the concerns of New Yorkers who fear that they will
not be able to participate in society without the threat of being
abducted. It is only right that New York steps up and provides safety
for all New Yorkers, across the state regardless of legal status.
FISCAL IMPACT:
TBD
EFFECTIVE DATE:
This act shall take effect 90 days after it becomes law.