N.Y. GMU Law § 996-A — New York Code / Act GMU / Article 19-D / Section 996-A
Restriction on use of municipal government resources for immigration enforcement
Status: in_force

§ 996-a. Restriction on use of municipal government resources for\nimmigration enforcement. 1. No municipal government employee shall use\nthe resources of such municipal government including, but not limited\nto, time spent while on duty or any property or facilities owned or\noperated by or under the control of the municipal government for\nimmigration enforcement purposes.\n  2. No municipal government employee shall disclose to an immigration\nauthority or any employee thereof an individual's personally\nidentifiable information, including, but not limited to, such person's\nname, social security number, physical description, any associated\naddresses, telephone number, financial information, medical information,\nor place of employment or education except as provided in subdivision\nnine of this section or unless necessary to administer a public program\nor benefit sought by such person; or when registering an individual to\nvote and other election related matters.\n  3. No municipal government employee shall question, investigate, or\ninterrogate an individual solely on the basis of an immigration\ndetainer, a civil immigration warrant, or for the sole purpose of\nimmigration enforcement.\n  4. No municipal government employee shall inquire about a person's\ncitizenship, immigration status, nationality, or country of origin,\nexcept as provided in subdivision nine of this section; or as necessary\nto administer a public program or benefit sought by such person or when\nregistering an individual to vote and other election related matters.\n  5. No municipal government employee shall collect information about a\nperson's citizenship, immigration status, nationality, or country of\norigin, except as provided in subdivision nine of this section; or as\nnecessary to administer a public program or benefit sought by such\nperson.\n  6. (a) (i) No municipal government employee shall grant permission to\naccess or facilitate access to non-public areas of property or\nfacilities owned or operated by or under the control of such municipal\ngovernment to an immigration authority or any employee thereof engaging\nin immigration enforcement except as provided in subdivision nine of\nthis section.\n  (ii) Provided, however, that no municipal government or municipal\ngovernment employee shall grant permission to access or facilitate\naccess to a polling location to an immigration authority or any employee\nthereof engaging in immigration enforcement where doing so would violate\n18 §§ U.S.C. 592, 595, 52 U.S.C. § 10307(b), the Fourteenth Amendment of\nthe United States Constitution, or the Fifteenth Amendment of the United\nStates Constitution, except as provided in subdivision nine of this\nsection.\n  (b) Each municipal government shall implement policies and/or\nprocedures for all relevant employees in the event that a judicial\nwarrant or court order is presented for access to non-public areas,\nincluding the protocol to verify the sufficiency of any judicial warrant\nor court order to ensure such judicial warrant or court order complies\nwith the provisions of this section for permitting access to any\nnon-public areas. Such policies and/or procedures shall include a\ndesignated contact for such inquiries. Nothing in this paragraph shall\nabrogate or otherwise change any legal privileges, including, but not\nlimited to, the attorney client privilege, that may apply to such\ninquiries.\n  7. No municipal government employee shall use an immigration authority\nor any employee thereof as an interpreter or a translator for law\nenforcement matters relating to individuals that such government or\nemployees interact with as part of their employment duties.\n  8. The provisions of this section shall not be construed to prohibit\nor restrict municipal governments or municipal governments employees\nfrom sending to or receiving from the United States department of\nhomeland security or any other federal, state, or local governmental\nentity information regarding the citizenship or immigration status of an\nindividual pursuant to 8 U.S.C. § 1373.\n  9. The provisions of this article shall not prohibit municipal\ngovernments or municipal government employees from complying with court\norders issued by a judge appointed pursuant to Article III of the United\nStates Constitution or a federal magistrate judge appointed pursuant to\n28 U.S.C. § 631, or judicial warrants issued by a judge appointed\npursuant to Article III of the United States Constitution or federal\nmagistrate judge appointed pursuant to 28 U.S.C. § 631, or as otherwise\nrequired by law.\n  10. The provisions of this article shall apply notwithstanding any\nother provisions of state or local law, charter, code, ordinance,\nresolution, rule, or regulation to the contrary and shall not be\nconstrued to in any way expand the authority of municipal government\nemployees to participate in immigration enforcement. Provided, however,\nthat nothing in this article shall be construed to prevent or restrict a\nmunicipal government from adopting, enacting, or enforcing local\npolicies, laws, resolutions, ordinances, or regulations which comply\nwith at least the applicable standards or requirements of this article,\nor which exceed the provisions of this article, or which further\nrestrict municipal governments or municipal government employees from\nparticipation in immigration enforcement beyond the requirements set\nforth in the chapter of the laws of two thousand twenty-six that added\nthis article.\n  11. For any databases operated by a municipal government including\ndatabases maintained for a municipal government by private vendors, the\nattorney general shall, by the first of January next succeeding the\neffective date of this section, in consultation with appropriate\nstakeholders, publish guidance and training recommendations aimed at\nensuring that such databases are governed in a manner that limits the\navailability of information contained therein, to the fullest extent\npracticable and consistent with federal and state law including, but not\nlimited to, 8 U.S.C. § 1373, to anyone or any entity for the purpose of\nimmigration enforcement. All municipal governments may adopt necessary\nchanges to database governance policies consistent with such guidance.\n