N.Y. EXC Law § 319-A — New York Code / Act EXC / Article 15-AA / Section 319-A
Restrictions on immigration enforcement by state employees
Status: in_force

§ 319-a. Restrictions on immigration enforcement by state employees.\n1.  No state employee shall use state resources, including, but not\nlimited to, time spent while on duty or any property or facilities owned\nor operated by or under the control of the state entity, for immigration\nenforcement purposes.\n  2. No state employee shall disclose to an immigration authority or any\nemployee thereof an individual's personally identifiable information,\nincluding, but not limited to, a person's name, social security number,\nphysical description, any associated addresses, telephone number,\nfinancial information, medical information, or place of employment or\neducation except as provided in subdivision nine of this section.\n  3. No state employee shall question, investigate, or interrogate an\nindividual solely on the basis of an immigration detainer, a civil\nimmigration warrant, or for the sole purpose of immigration enforcement.\n  4. No state employee shall inquire about a person's citizenship,\nimmigration status, nationality, or country of origin, except as\nprovided in subdivision nine of this section or as necessary to\nadminister a public program or benefit sought by such person; or when\nregistering an individual to vote and other election related matters.\n  5. No state employee shall collect information 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  6. (a) (i) No state employee shall grant permission to access or\nfacilitate access to non-public areas of property or facilities owned or\noperated by or under the control of the state entity to an immigration\nauthority or any employee thereof engaging in immigration enforcement\nexcept as provided in subdivision nine of this section.\n  (ii) Provided, however, that no state entity or state government\nemployee shall grant permission to access or facilitate access to a\npolling location to an immigration authority or any employee thereof\nengaging in immigration enforcement where doing so would violate 18 §§\nU.S.C. 592, 595, 52 U.S.C. § 10307(b), the Fourteenth Amendment of the\nUnited States Constitution, or the Fifteenth Amendment of the United\nStates Constitution, except as provided in subdivision nine of this\nsection.\n  (b) Each state entity shall implement policies and/or procedures for\nall relevant employees in the event that a judicial warrant or court\norder is presented for access to non-public areas, including the\nprotocol to verify the sufficiency of any judicial warrant or court\norder to ensure such judicial warrant or court order complies with the\nprovisions of this section prior to permitting access to any non-public\nareas. Such policies and/or procedures shall include a designated\ncontact for such inquiries. Nothing in this paragraph shall abrogate or\notherwise change any legal privileges, including, but not limited to,\nthe attorney client privilege, that may apply to such inquires.\n  7. No state employee shall use an immigration authority or any\nemployee thereof as an interpreter or translator for law enforcement\nmatters relating to individuals that such entities or employees interact\nwith as part of their employment duties.\n  8. The provisions of this section shall not be construed to prohibit\nor restrict state entities or state employees from sending to or\nreceiving from the United States department of homeland security or any\nother federal, state, or local governmental entity information regarding\nthe citizenship or immigration status of an individual pursuant to 8\nU.S.C.  § 1373.\n  9. The provisions of this article shall not prohibit state employees\nfrom complying with court orders issued by a judge appointed pursuant to\nArticle III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, or judicial warrants issued\nby a judge appointed pursuant to Article III of the United States\nConstitution or federal magistrate judge appointed pursuant to 28 U.S.C.\n§ 631, or complying with requirements under existing law.\n  10. The provisions of this article shall apply notwithstanding any\nother provisions of state or local law and shall not be construed to in\nany way to expand the authority of state employees to participate in\nimmigration enforcement.\n  11. Nothing in this article shall be construed to prevent state\nentities from adopting policies which exceed the provisions of this\narticle or further restrict state entities or state employees from\nparticipation in immigration enforcement beyond the requirements set\nforth in this article.\n  12. For any databases operated by a state entity, including databases\nmaintained for a state entity by private vendors, the attorney general\nshall, by the first of January following the effective date of this\narticle, in consultation with appropriate stakeholders, publish guidance\nand training recommendations aimed at ensuring that such databases are\ngoverned in a manner that limits the availability of information\ncontained therein, to the fullest extent practicable and consistent with\nfederal and state law including, but not limited to, 8 U.S.C. § 1373, to\nanyone or any entity for the purpose of immigration enforcement. All\nstate entities may adopt necessary changes to database governance\npolicies consistent with such guidance.\n  13. The office of employee relations shall develop training covering\nthe requirements of this article no later than one hundred twenty days\nafter its effective date and shall ensure that such training is made\navailable to state entities as defined in section three hundred nineteen\nof this article so that state employees shall receive training relevant\nto their required role in implementing this article. Such training shall\nbe conducted during the employee's regular working hours and employees\nshall receive compensation at their regular rate of pay for any time\nspent participating in such training. Subsequent training for required\nemployees shall be provided within sixty days of hire, and annually\nthereafter.\n