BILL NUMBER: S9104
SPONSOR: ASHBY
 
TITLE OF BILL:
An act to amend the executive law, the correction law and the civil
rights law, in relation to immigration enforcement; and providing for
the repeal of such provisions upon expiration thereof
 
PURPOSE:
To refocus ICE operations in New York State by barring civil immigration
enforcement in certain sensitive locations while establishing important
public safety guardrails allowing local law enforcement to coordinate
with federal officials and district attorneys during criminal
proceedings and in the execution of judicial warrants
 
SUMMARY OF PROVISIONS:
Section 1 states that state and local law enforcement agencies may only
enter into a 287(g) agreement with federal immigration to coordinate on
individuals detained in state and local correctional facilities. It bans
287(g) contracts between local law enforcement and ICE agents on
warrantless immigration enforcement raids (commonly known as "task force
models"). It also preserves federal, state and local coordinated
enforcement at Canada-US border and other ports of entries (airports).
Section 2 bans 287G contracts for mass housing of individuals pending
deportation
Section 3 defines sensitive locations that ICE agents are not allowed to
access, unless there is an active judicial warrant for arrest. Sensi-
tive areas include schools, childcare facilities, hospitals and places
of worship; the sensitive locations would also extend to 300 feet beyond
the real property line for schools and child care facilities.
It also gives district attorneys the discretion to pursue criminal cases
against undocumented defendants instead of coordinating with ICE on
deportation proceedings.
Section 4 This act shall take effect immediately and shall expire and be
deemed repealed one year after such date.
 
JUSTIFICATION:
This legislation will allow police departments to focus on their core
mission of criminal law enforcement and investigations. It will protect
immigrants working in good faith to comply with our immigration system
while inside sensitive locations, and provides important public safety
guard rails missing from a proposal from the executive relating to the
safe operation of our correctional facilities, securing ports of entry
and collaboration on criminal investigations and executing judicial
warrants. It also empowers district attorneys to choose to prosecute
undocumented defendants instead of deporting them.
 
LEGISLATIVE HISTORY:
New
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediately and shall expire one year after.