Prohibits law enforcement agencies or officers from inquiring about immigration status unless a person is booked into a detention facility or the immigration status of a person is pertinent to the criminal investigation.
TITLE OF BILL: An act to amend the executive law, in relation to prohibiting a law enforcement agency or officer from inquiring about immigration status
PURPOSE OR GENERAL IDEA OF BILL: Law enforcement officers cannot inquire about immigration status during the course of an investigation unless a individual is booked into a detention facility or is arrested for a breach of penal code and immigration status is pertinent to the criminal investigation.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. The executive law is amended by adding a new section 844 to read as follows:
Section 844 Inquiry into immigration status limited.
Subsection a. In conducting routine or spontaneous investigatory activity, including an interview, a detention, a traffic stop, pedestrian stop, a frisk or other type of bodily search or a search of personal or real property, a law enforcement agency or a law enforcement officer shall not inquire about or seek proof of a person's immigration status.
Subsection b. No inquiry of victim's or witness's immigration status.
Subsection c. Inquiry of immigration status can occur when person is booked into a detention facility or person is arrested for violation of penal law and immigration status is pertinent to the investigation.
JUSTIFICATION: According to united States Constitution enforcement of federal laws falls on the federal government, this includes immigration enforcement. State and local law enforcement are responsible for policing their communities and pursuing serious criminal offenses. Enforcement of immigration laws adds additional roles and responsibilities these officers don't have the training or the resources to handle. The time spent asking people who appear foreign for their papers is time not spent targeting individuals who pose serious threats to their communities-a shift that overburdens the already stressed resources of state and local police.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1865 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to prohibiting a law enforcement agency or officer from inquiring about immigration status THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 844 to read as follows: S 844. INQUIRY INTO IMMIGRATION STATUS LIMITED. A. IN CONDUCTING A ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITY, INCLUDING AN INTERVIEW, A DETENTION, A TRAFFIC STOP, A PEDESTRIAN STOP, A FRISK OR OTHER TYPE OF BODILY SEARCH OR A SEARCH OF PERSONAL OR REAL PROPERTY, A LAW ENFORCE- MENT AGENCY OR A LAW ENFORCEMENT OFFICER SHALL NOT INQUIRE ABOUT OR SEEK PROOF OF A PERSON'S IMMIGRATION STATUS. B. IN CONDUCTING AN INVESTIGATORY ACTIVITY IN CONNECTION WITH AN INVESTIGATION, A LAW ENFORCEMENT AGENCY OR A LAW ENFORCEMENT OFFICER SHALL NOT INQUIRE ABOUT OR SEEK PROOF OF A VICTIM'S OR WITNESS'S IMMI- GRATION STATUS. C. IN CONDUCTING AN INVESTIGATORY ACTIVITY IN CONNECTION WITH AN INVESTIGATION, A LAW ENFORCEMENT AGENCY OR A LAW ENFORCEMENT OFFICER SHALL NOT INQUIRE ABOUT OR SEEK PROOF OF A PERSON'S IMMIGRATION STATUS, UNLESS: (1) THE PERSON IS BOOKED INTO A DETENTION FACILITY; OR (2) THE PERSON IS ARRESTED FOR A VIOLATION OF THE PENAL LAW OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE AND THE IMMIGRATION STATUS OF THAT PERSON IS PERTINENT TO THE CRIMINAL INVESTIGATION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06304-01-1