Res. No. 1648

Resolution calling on the New York State Legislature to pass, and the Governor to sign, the New York for All Act (A.2328 / S.3076), which would prohibit and regulate the discovery and disclosure of immigration status by New York state and local government entities.

By the Public Advocate (Mr. Williams) and Council Members Menchaca, Rosenthal, Van Bramer, Moya, D. Diaz and Rodriguez

Whereas, Immigrants make up almost a quarter of New York state’s population and account for 37 percent of New York City’s population; and

Whereas, Immigrant New Yorkers are valuable members of our communities, contributing over $61 billion in federal and state taxes in 2019; and

Whereas, Immigrants in New York City make up more than 50 percent of all individuals working on COVID-19 frontlines since the very first outbreak in 2020; and

Whereas, In recent years, New York State has made strides to be more inclusive to its foreign born residents, passing laws that extended driver’s license eligibility to residents, regardless of immigration status, provided tuition assistance for undocumented New Yorkers, and investing in deportation defense programs such as the Liberty Defense Fund, mirroring similar programs in New York City; and

Whereas, State and municipal policies throughout New York that require and retain immigration status information can, however, unnecessarily expose immigrant New Yorkers to federal immigration enforcement; and

Whereas, Entanglement between federal immigration enforcement and local and state entities erodes trust between immigrant communities and local authorities, which can decrease willingness to report crimes witnessed, cooperate in investigations and access critical government services; and

Whereas, Research from the Center for American Progress published in 2017 showed that counties that restrict local interactions with ICE had lower crimes rates while experiencing higher median household incomes, lower unemployment and lower poverty rates; and

Whereas, A 2020 comparative study from the Stanford University Department of Political Science found that counties that disentangled local authorities from federal immigration enforcement; experienced decreased deportations without increases in crime and

Whereas, In 2021, New York State Assemblymember Karines Reyes and Senator Julia Salazar introduced the New York for All Act (A.2328 / S.3076), which prohibits the discovery and disclosure of immigration status by state entities, including law enforcement; and

Whereas, The Act additionally directs municipalities throughout the state to prohibit the discovery and disclosure of such information; and

Whereas, The Act requires reporting to the State Attorney General’s office, to be made publicly available, of every communication between federal immigration enforcement and state and local government entities; and

Whereas, The Act would require ICE to present a judicial warrant in order to access non-public areas of government property and require local jails to inform detained individuals of their rights related to ICE, including the right to decline an interview with ICE and to seek counsel; and

Whereas, In 2014 and 2017, New York City Council passed two packages of legislation that restricted the discovery and disclosure of immigration status information and the coordination with federal immigration enforcement, in an effort to end unchecked entanglement between federal immigration enforcement and local law enforcement; and

Whereas, Immigrant New Yorkers necessarily interact with State agencies and state law enforcement as residents of New York City, and deserve to be treated with dignity and respect; and

Whereas, Immigrant New Yorkers should not be held to different standards depending on the city or state agency with which they interact, regardless of immigration status; and

Whereas, Passage of the New York for All Act would distinguish New York State, joining ranks with other such states as California and Washington, in protecting all immigrant residents; now, therefore, be it

Resolved, that the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, the New York for All Act (A.2328 / S.3076), which would prohibit and regulate the discovery and disclosure of immigration status by New York state and local government entities.

LS17,249, LS17, 515

EK

5.17.2021