State Assembly Trying To Make NYS A Sanctuary State

February 6, 2017

ALBANY, NY – A source in Albany tells WLEA News that Assembly bill 3049-B, which was introduced today, would if passed and signed into law, turn the entire state of NY into a sanctuary state.

UPDATE, 6:19pm – The legislation has passed in the state assembly, 77-58.
However, it is very unlikely that such a bill would pass in the GOP controlled New York State Senate.

The bill was written by downstate Democrat, Assemblyman Francisco Moya (D, Queens), and co-sponsored by Assembly Speaker Carl Heastie, and others. It’s called the NYS Liberty Act, and it not only makes New York State a sanctuary state, it gives numerous protections to immigrants, preventing law enforcement from asking them numerous questions.

See summary of 3049-B, below:

The executive law is amended to add a new article 15-AA regarding
relations with immigrant communities and detention of certain persons.
This new article would: *establish definitions;

*ensure that people are not unnecessarily questioned about immigration
status when seeking state or local services, benefits or assistance;

*establish that state or local law enforcement agencies shall not stop,
question, investigate or arrest a person based on perceived immigration
status or suspected violation of federal immigration law;

*generally prohibit law enforcement agencies from inquiring about the
immigration status of persons contacting such agencies when in need of
assistance, including victims and witnesses;

*require state and local agencies and their employees to maintain the
confidentiality of immigration status information, unless acting in
accordance with 8 U.S.C. § 1373, and other information absent valid
consent of the individual;

*prohibit the detention of individuals based on administratively-issued
immigration detainers and require notification to an individual if an
immigration detainer or related request has been filed;

*curtail the use of state and local facilities for the purposes of
federal immigration enforcement;

*establish a right to legal representation for persons subject to
removal or deportation proceedings (the bill also amends Judiciary Law §
35 for this purpose);

JUSTIFICATION:

Regrettably, some persons in New York State are reluctant to interact
with state and local agencies out of fear or mistrust. Regardless of
individual immigration status, these persons are concerned with possible
immigration-related consequences for themselves or family members upon
interacting with law enforcement or other agencies that provide vital
services and benefits. While much of immigration law is established at
the federal level, there are policies that can be enacted by New York to
ensure that persons are not stereotyped, profiled or deterred from
accessing services for which they may be eligible.

This bill, therefore, includes various measures designed to encourage
cooperation and foster positive relations between agency officials and
individuals in our state. Consistent with constitutional principles, the
bill would prohibit New York state and local law enforcement officials
from acting based on suspected federal immigration status or suspected
violation of U.S. immigration law, and would prohibit these officials
from performing immigration-related duties that are designated by law
for federal immigration officials. This would include a prohibition on
access and use of state and local governmental facilities, such as jails
and detention centers, for the purpose of immigration inquiries, absent
request of the individual.

People in New York should not be afraid to report crime to the police or
seek benefits or services for which they are eligible. A victim of
domestic violence, for example, or pedestrian injured by an automobile,
should be able to seek help without fear of repercussions. This bill
would limit the collection of unnecessary information concerning immi-
gration status in these circumstances and others. State and local offi-
cials may, in some circumstances, be required by federal law to respond
to certain requests regarding immigration status, but federal law does
not require that other personal information be shared.

This bill also addresses when a civil immigration detainer would be
given effect by state and local law correctional authorities. A civil
immigration detainer, issued by an agency and not a judge, is a request
by a federal immigration agency for temporary detention of an individ-
ual. This bill would allow detention based on such a civil administra-
tive detainer when the individual named therein has been convicted of a
class A felony or violent felony offense and there is documented proba-
ble cause to believe the person illegally re-entered the United State
after a previous removal, or is listed in the national terrorist screen-
ing database, or if a judicial warrant has been issued. California,
Connecticut, Illinois and the cities of Philadelphia and New York, for
example, have similar laws or executive orders in place.

The bill would also help assure due process by providing a right to
assigned legal counsel for immigrants in New York who are unable to
afford counsel, and who are subject to removal or deportation
proceedings.

The bill complies with federal law and also sets forth constitutional-
ly-permissible state and local procedures that will help assure fair and
just treatment for all persons in New York State.