File #: Int 1568-2017    Version: Name: Immigration Enforcement
Type: Introduction Status: Enacted
Committee: Committee on Immigration
On agenda: 4/25/2017
Enactment date: 12/1/2017 Law number: 2017/228
Title: A Local Law to amend the administrative code of the city of New York, in relation to immigration enforcement
Sponsors: Rafael L. Espinal, Jr., Corey D. Johnson, Melissa Mark-Viverito, Stephen T. Levin, Ben Kallos, Carlos Menchaca, Peter A. Koo
Council Member Sponsors: 7
Summary: The bill would prohibit City agencies from partnering with the U.S. Department of Homeland Security to enforce federal immigration law, including through 287(g) agreements. Additionally, this bill would prohibit the use of City resources, property, and information obtained on behalf of the City in furtherance of federal immigration enforcement. The bill would also require any requests for assistance by federal immigration enforcement agencies to documented and later compiled into an anonymized report sent quarterly to the Council. The bill would not restrict the City from participating in cooperative agreements with federal officials, so long as such agreements are not primarily intended to further immigration enforcement.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 1568-A, 2. Summary of Int. No. 1568, 3. April 25, 2017 - Stated Meeting Agenda with Links to Files, 4. Int. No. 1568, 5. Committee Report 4/26/17, 6. Hearing Testimony 4/26/17, 7. Hearing Transcript 4/26/17, 8. Proposed Int. No. 1568-A - 10/27/17, 9. Committee Report 10/30/17, 10. Hearing Transcript 10/30/17, 11. October 31, 2017 - Stated Meeting Agenda with Links to Files, 12. Fiscal Impact Statement, 13. Int. No. 1568-A (FINAL), 14. Hearing Transcript - Stated Meeting 10-31-17, 15. Legislative Documents - Letter to the Mayor
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/1/2017ARafael L. Espinal, Jr. City Council City Charter Rule Adopted  Action details Meeting details Not available
11/20/2017ARafael L. Espinal, Jr. Mayor Hearing Held by Mayor  Action details Meeting details Not available
10/31/2017ARafael L. Espinal, Jr. City Council Sent to Mayor by Council  Action details Meeting details Not available
10/31/2017ARafael L. Espinal, Jr. City Council Approved by CouncilPass Action details Meeting details Not available
10/30/2017*Rafael L. Espinal, Jr. Committee on Immigration Hearing Held by Committee  Action details Meeting details Not available
10/30/2017*Rafael L. Espinal, Jr. Committee on Immigration Amendment Proposed by Comm  Action details Meeting details Not available
10/30/2017*Rafael L. Espinal, Jr. Committee on Immigration Amended by Committee  Action details Meeting details Not available
10/30/2017ARafael L. Espinal, Jr. Committee on Immigration Approved by CommitteePass Action details Meeting details Not available
4/26/2017*Rafael L. Espinal, Jr. Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
4/26/2017*Rafael L. Espinal, Jr. Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
4/26/2017*Rafael L. Espinal, Jr. Committee on Education Laid Over by Committee  Action details Meeting details Not available
4/26/2017*Rafael L. Espinal, Jr. Committee on Education Hearing Held by Committee  Action details Meeting details Not available
4/26/2017*Rafael L. Espinal, Jr. Committee on Immigration Laid Over by Committee  Action details Meeting details Not available
4/26/2017*Rafael L. Espinal, Jr. Committee on Immigration Hearing Held by Committee  Action details Meeting details Not available
4/25/2017*Rafael L. Espinal, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
4/25/2017*Rafael L. Espinal, Jr. City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1568-A

 

By Council Members Espinal, Johnson, The Speaker (Council Member Mark-Viverito), Levin, Kallos, Menchaca and Koo

 

A Local Law to amend the administrative code of the city of New York, in relation to immigration enforcement

 

Be it enacted by the Council as follows:

                     

Section 1. Chapter 1 of title 10 of the administrative code of the city of New York is amended by adding a new section 10-178 to read as follows:                     

§ 10-178 Immigration enforcement. a. Definitions. As used in this section, the following terms have the following meanings:

City property. The term “city property” means any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control.

Immigration enforcement. The term “immigration enforcement” means the enforcement of any civil provision of the immigration and nationality act and any provision of such law that penalizes a person’s presence in, entry into, or reentry into the United States.

b. No agency shall subject its officers or employees to the direction and supervision of the secretary of homeland security primarily in furtherance of immigration enforcement.

c. No city resources, including, but not limited to, time spent by employees, officers, contractors, or subcontractors while on duty, or the use of city property, shall be utilized for immigration enforcement.

d. Whenever any city officer or employee receives a request from a non-local law enforcement agency for the city to provide support or assistance intended to further immigration enforcement, such officer or employee’s agency shall make a record relating to such request, including any response or actions taken in response.  An office of the mayor, or an agency the head of which is appointed by the mayor, shall be designated by the mayor to submit to the speaker of the council a quarterly report containing an anonymized compilation or summary of such requests and actions taken in response, disaggregated by the requesting non-local law enforcement agency and the agency receiving such a request; provided, however, disclosure of any such information shall not be required if: (i) such disclosure would interfere with law enforcement investigations or (ii) such disclosure is related to actions taken pursuant to clause (i) of subdivision e of this section and would compromise public safety. Such report shall not be required to include information contained in reports required pursuant to section 9-131, 9-205, or 14-154.

e. Nothing in this section shall prohibit city officers and employees from performing their duties in accordance with state and local law by, including, but not limited to: (i) participating in cooperative arrangements with city, state, or federal law enforcement agencies that are not primarily intended to further immigration enforcement or utilizing city resources in connection with such cooperative arrangements and (ii) taking actions consistent with sections 9-205, 9-131, and 14-154. In addition, nothing in this section shall prevent any city officer or employee from complying with federal law or restrict their discretion to take any action if such restriction is prohibited by federal law.

§ 2. Subdivision f of section 9-131 of the administrative code of the city of New York, as amended by local law number 58 for the year 2014, is amended to read as follows:

f. Reporting. No later than [October 15, 2015] September 1, 2018 and no later than [October fifteenth] September 1 of each year thereafter, the department shall post a report on the department website that includes the following information for the preceding twelve month period ending [September thirtieth] June 30:

1. the total number of civil immigration detainers lodged with the department, disaggregated to the extent possible by the reason given by federal immigration authorities for issuing detainers, including, but not limited to, that federal immigration authorities:

i. had reason to believe that the persons in the department's custody are subject to removal from the United States;

ii. initiated removal proceedings and served a notice to appear or other charging document on persons in the department's custody;

iii. served a warrant of arrest for removal proceedings on persons in the department's custody; or

iv. obtained orders of deportation or removal from the United States for persons in the department's custody;

2. the number of persons held pursuant to civil immigration detainers beyond the time when such person would otherwise be released from the department's custody, disaggregated to the extent possible by the reason given by federal immigration authorities for issuing the detainers, including, but not limited to, that federal immigration authorities:

i. had reason to believe that the persons in the department's custody are subject to removal from the United States;

ii. initiated removal proceedings and served a notice to appear or other charging document on persons in the department's custody;

iii. served a warrant of arrest for removal proceedings on persons in the department's custody; or

iv. obtained orders of deportation or removal from the United States for persons in the department's custody;

3. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers;

4. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers who had at least one conviction for a violent or serious crime;

5. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers who had no convictions for a violent or serious crime and were identified as possible matches in the terrorist screening database;

6. the amount of state criminal alien assistance funding requested and received from the federal government;

7. the number of persons for whom civil immigration detainers were not honored pursuant to subdivision b of this section; [and]

8. the number of persons held pursuant to civil immigration detainers beyond the time when such persons would otherwise have been released from the department's custody who were not transferred to the custody of federal immigration authorities either because of the expiration of the forty-eight-hour hold period provided in 8 C.F.R. § 287.7 or because federal immigration authorities disavowed an intention to assume custody[.]; and

9. the number of requests from federal immigration authorities concerning a person’s incarceration status, release dates, court appearance dates, or any other information related to such person in the department’s custody, and the number of responses honoring such requests by the department, disaggregated by:

i. the number of  responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities;

ii. the number of responses to federal immigration authorities concerning a person with at least one conviction for a violent or serious crime, disaggregated by  the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities; and

iii. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime who was identified as a possible match in the terrorist screening database, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities.

§ 3. Subdivision f of section 14-154 of the administrative code of the city of New York, as amended by local law number 59 for the year 2014, is amended to read as follows:

f. Reporting. No later than [October 15, 2015] September 1, 2018, and no later than [October fifteenth] September 1 of each year thereafter, the department shall post a report on the department website that includes the following information for the preceding twelve month period ending [September thirtieth] June 30:

1. the number of civil immigration detainers received from federal immigration authorities;

2. the number of persons held pursuant to civil immigration detainers beyond the time when such person would otherwise be released from the department’s custody;

3. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers; [and]

4. the number of persons for whom civil immigration detainers were not honored pursuant to subdivision b of this section[.]; and

5. the number of requests from federal immigration authorities for such person’s incarceration status, release dates, court appearance dates, or any other information related to such person in the department’s custody, and the number of responses honoring such requests by the department, disaggregated by:

i. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities;

ii. the number of responses to federal immigration authorities where the person had at least one conviction for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities; and

iii. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime who was identified as a possible match in the terrorist screening database, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities.

§ 4. This local law takes effect 60 days after it becomes law, provided that information newly required to be reported by subdivision d of section 10-178, paragraph 9 of subdivision f of section 9-131, and paragraph 5 of subdivision f of section 14-154 of the administrative code of the city of New York, as added by sections one, two, and three of this local law respectively, shall be required to be reported only for periods beginning on the effective date of this local law.

 

10/23/17 6:45PM

LS #10182