N.Y. EXC Law § 63-E — New York Code / Act EXC / Article 5 / Section 63-E
Office of immigrant trust
Status: in_force

§ 63-e. Office of immigrant trust. 1. (a) There is hereby established\nan immigrant trust office in the department of law. The head of the unit\nshall be appointed by the attorney general.\n  (b) Notwithstanding any other provision of law, rule, or regulation to\nthe contrary, the attorney general shall establish, through executive\norder, processes and procedures for screening such unit head and the\nentire unit from records, communication, and information related to the\ncivil defense of state officials and employees, and persons involved in\nthe civil defense of state officials and employees from records,\ncommunication, and information relating to an investigation or\ninvestigations by such unit relating to potential violation of this law.\nThe executive order establishing screens shall be sufficient to satisfy\nthe rules of professional conduct regarding conflicts and to protect the\nrights of state officials and employees who are the subject of an\ninvestigation or civil action under this section by ensuring that the\nindividuals conducting or otherwise involved in such investigation or\ncivil action do not have access to any non-public records or information\nobtained in the course of the office's civil defense of state employees.\n  2. Notwithstanding any other provision of law, the immigrant trust\noffice shall establish and maintain a process to solicit and receive\ncomplaints from the public alleging knowing, intentional, or willful\nviolations of article fifteen-AA of this chapter, section one hundred\nseventy-k of this chapter, article nineteen-D of the general municipal\nlaw, and section thirty-two hundred one-b of the education law, by state\nand local entities, officers, or employees, or their contractors,\nincluding the improper or unlawful use of state or local resources for\nimmigration enforcement and the improper or unlawful sharing of\ninformation by state or local entities, officers, or employees, or their\ncontractors, with federal immigration authorities.\n  3. (a) The immigrant trust office shall have the power to investigate\ncomplaints or violations of article fifteen-AA of this chapter, section\none hundred seventy-k of this chapter, article nineteen-D of the general\nmunicipal law, and section thirty-two hundred one-b of the education\nlaw. Such power shall also include the ability to:\n  (i) take proof and issue subpoenas in accordance with the civil\npractice law and rules;\n  (ii) subpoena and enforce the attendance of witnesses;\n  (iii) administer oaths or affirmations and examine witnesses under\noath;\n  (iv) notwithstanding any laws to the contrary, examine and copy or\nremove documents or records of any kind prepared, maintained, or held by\nany employer or agency;\n  (v) visit and inspect all local correctional facilities, and speak\nwith people detained therein for the purposes of investigating potential\nviolations and ensuring compliance with this section; and\n  (vi) perform any other functions that are necessary or appropriate to\nfulfill the duties and responsibilities of office.\n  (b) The attorney general shall have the powers enumerated under\nparagraph (a) of this subdivision with respect to any entity covered by\narticle fifteen-AA of this chapter, section one hundred seventy-k of\nthis chapter, article nineteen-D of the general municipal law, and\nsection thirty-two hundred one-b of the education law, and its employees\nand agents as outlined in this section, except:\n  (i) agencies under the executive authority of the governor;\n  (ii) entities that are statutorily entitled to representation by the\ndepartment of law;\n  (iii) entities whose officers and employees are statutorily entitled\nto representation by the department of law; and\n  (iv) entities that are subject to the jurisdiction of the New York\ncourt of claims.\n  (c) Upon referral by the governor, the attorney general shall have the\npowers enumerated under paragraph (a) of this subdivision with regard to\nemployees and agents of:\n  (i) agencies under the executive authority of the governor;\n  (ii) entities that are statutorily entitled to representation by the\ndepartment of law pursuant to section seventeen of the public officers\nlaw;\n  (iii) entities whose officers and employees are statutorily entitled\nto representation by the department of law; and\n  (iv) entities that are subject to the jurisdiction of the New York\ncourt of claims.\n  (d) Nothing in this section shall in any way limit rights or remedies\nwhich are otherwise available under law to the attorney general or any\nother person.\n  4. Upon receipt and review of a complaint, deemed credible, of a\nviolation of article fifteen-AA of this chapter, or section one hundred\nseventy-k of this chapter, or upon its own initiative when the office\nlearns through the regular course of its duties of a suspected violation\nof article fifteen-AA of this chapter, or section one hundred seventy-k\nof this chapter, the office shall, where the alleged violation involves\na state agency or a state employee, transmit a request for a referral\nregarding such credible complaint to the governor. The governor shall\nreview such request and make a determination on whether to refer the\nmatter to the office for investigation, and upon such referral back to\nthe office, the office shall investigate the alleged violation and, if\nwarranted, may commence a civil action for appropriate injunctive or\ndeclaratory relief, enter into assurances of discontinuance, or seek the\nimposition of a period of monitoring of the state entity by the office.\n  5. Upon receipt of a complaint deemed credible of a violation of\narticle nineteen-D of the general municipal law, or section one hundred\nseventy-k of this chapter, or upon its own initiative when the office\nlearns through the regular course of its duties of a suspected violation\nof article nineteen-D of the general municipal law, or section one\nhundred seventy-k of this chapter that involves a county, locality, or\nmunicipal corporation entity or employee, the office shall,\nnotwithstanding any other provision of law, investigate the matter and,\nif warranted, may commence a civil action for appropriate injunctive or\ndeclaratory relief, enter into assurances of discontinuance, or seek the\nimposition of a period of monitoring of the municipal government entity\nby the office.\n  6. Upon receipt of a complaint deemed credible of a violation of\nsection thirty-two hundred one-b of the education law or upon its own\ninitiative when the office learns through the regular course of its\nduties of a suspected violation of such section, the office shall,\nnotwithstanding any other provision of law, investigate the matter and,\nif warranted, may commence a civil action for appropriate injunctive or\ndeclaratory relief, enter into assurances of discontinuance, or seek the\nimposition of a period of monitoring of the school by the office.\n