Bill S5960-2013

Prohibits detention of individuals based only on the violation of federal immigration laws

Prohibits detention of individuals based only on the violation of federal immigration laws.

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  • Jan 8, 2014: REFERRED TO FINANCE
  • Oct 21, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5960

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:

This is a new bill.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5960 2013-2014 Regular Sessions IN SENATE October 21, 2013 ___________
Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Dignity for Immigrants in New York State Act". S 2. The executive law is amended by adding a new section 844 to read as follows: S 844. DETAINMENT FOR VIOLATION OF FEDERAL IMMIGRATION LAWS. A LAW ENFORCEMENT AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE SHALL NOT DETAIN PERSONS OTHERWISE ELIGIBLE FOR RELEASE FROM CUSTODY WHOSE ONLY VIOLATION OF LAW IS THAT THEY ARE PERSONS OF FOREIGN CITIZEN- SHIP WHO HAVE ENTERED OR ARE RESIDING IN THE UNITED STATES IN VIOLATION OF FEDERAL IMMIGRATION LAWS IN TITLE 8 OF THE UNITED STATES CODE; UNLESS SUCH PERSON HAS BEEN CONVICTED OF A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW OR CONVICTED WITHIN THE PAST FIVE YEARS OF ANY OF THE FOLLOWING MISDEMEANORS: 1. ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THE PENAL LAW; 2. RECKLESS ENDANGERMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.20 OF THE PENAL LAW; 3. SEXUAL MISCONDUCT AS DEFINED IN SECTION 130.20 OF THE PENAL LAW; 4. FORCIBLE TOUCHING AS DEFINED IN SECTION 130.52 OF THE PENAL LAW; 5. SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.60 OF THE PENAL LAW; 6. KILLING OR INJURING A POLICE ANIMAL AS DEFINED IN SECTION 195.06 OF THE PENAL LAW; 7. HARMING AN ANIMAL TRAINED TO AID A PERSON WITH A DISABILITY IN THE FIRST DEGREE AS DEFINED IN SECTION 195.12 OF THE PENAL LAW; 8. UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 135.05 OF THE PENAL LAW; 9. ENDANGERING THE WELFARE OF A
CHILD AS DEFINED IN SECTION 260.10 OF THE PENAL LAW; 10. ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE SECOND DEGREE AS DEFINED IN SECTION 260.24 OF THE PENAL LAW. S 3. This act shall take effect immediately.

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