BILL NUMBER:S1163

TITLE OF BILL:  An act to create the Dignity for Immigrants in New
York State Act; and to amend the executive law, in relation to
prohibiting state and local law enforcement agencies from detaining
individuals based only on the violation of federal immigration laws

PURPOSE OR GENERAL IDEA OF BILL:  This bill prohibits the detaining of
immigrants on the basis of a United States Immigration and Customs
Enforcement (ICE) hold after that individual becomes eligible for
release from custody, unless, at the time that the individual becomes
eligible for release from custody, certain conditions are met,
including, among other things, that the individual has been convicted
of specified crimes.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill says that law enforcement agencies in the
state shall not detain individuals on the basis of an ICE hold after
that individual becomes eligible for release from custody, unless, the
individual has been convicted of a violent felony or that person, in
the last five years, has been convicted of certain enumerated
misdemeanors.

JUSTIFICATION:  To operate the Secure Communities program, whenever
ICE identifies immigrants in local police custody who are potentially
              

subject to deportation, ICE issues a hold or detainer to local law
enforcement who then holds individuals in local jails for additional
time beyond when they would be eligible for release in a criminal
matter. Unlike criminal detainers, which are supported by a warrant
and require probable cause, a request for a detainer through the
Secure Communities program does not require a warrant and does not
require an established standard of proof, such as reasonable suspicion
or probable cause.

Under Secure Communities, individuals may be held and transferred into
immigration detention without regard to whether the arrest is the
result of a mistake, or merely a routine practice of questioning
individuals involved in a dispute without pressing charges. The Secure
Communities program hinders community policing efforts as immigrant
residents who are victims of, or witnesses to crime, including
domestic violence, are less likely to report a crime or cooperate with
law enforcement when they are fearful that any contact with law
enforcement could result in deportation. This act will ensure concerns
about public safety, which is the primary concern of local law
enforcement, is prioritized above concerns of immigration status,
which is a uniquely federal responsibility.

The Secure Communities program has erroneously placed detainers on
United States citizens, as well as immigrants who are not deportable.
In fact, fewer than 10 percent of detainers under the Secure
Communities program actually targeted people who are considered a
threat to public safety and national security. This legislation would
ensure that New York State joins other states like California and
Connecticut as leaders in immigrant rights and that New York State no
longer wastes its limited resources on complying with requests by


immigration officials to detain people who are not dangerous criminals
or national security threats.

PRIOR LEGISLATIVE HISTORY:  2013-2014: S5960- Referred to Rules in
2013. Referred to Finance in 2014.

FISCAL IMPLICATIONS:  Undetermined, however this will likely be a cost
savings for the state as they are currently not reimbursed by the
federal government for the full cost of responding to the Secure
Communities program.

EFFECTIVE DATE: Immediately.