New York City Council Header
File #: Int 2352-2021    Version: * Name: Limiting the circumstances in which a person may be detained by the police department on a civil immigration detainer.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Immigration
On agenda: 6/17/2021
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to limiting the circumstances in which a person may be detained by the police department on a civil immigration detainer
Sponsors: Keith Powers , Carlos Menchaca, Helen K. Rosenthal
Council Member Sponsors: 3
Summary: This bill would prohibit the police department from detaining an individual beyond the time when such person would be otherwise released from custody, without a judicial warrant.
Attachments: 1. Summary of Int. No. 2352, 2. Int. No. 2352, 3. Committee Report 6/9/21, 4. Hearing Testimony 6/9/21, 5. Hearing Transcript 6/9/21, 6. June 17, 2021 - Stated Meeting Agenda with Links to Files, 7. Hearing Transcript - Stated Meeting 6-17-21, 8. Minutes of the Stated Meeting - June 17, 2021
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/17/2021*Keith Powers City Council Referred to Comm by Council  Action details Meeting details Not available
6/17/2021*Keith Powers City Council Introduced by Council  Action details Meeting details Not available
6/9/2021*Keith Powers Committee on Criminal Justice P-C Item Laid Over by Comm  Action details Meeting details Not available
6/9/2021*Keith Powers Committee on Criminal Justice Hearing on P-C Item by Comm  Action details Meeting details Not available
6/9/2021*Keith Powers Committee on Immigration P-C Item Laid Over by Comm  Action details Meeting details Not available
6/9/2021*Keith Powers Committee on Immigration Hearing on P-C Item by Comm  Action details Meeting details Not available

Int. No. 2352

 

By Council Members Powers, Menchaca and Rosenthal

 

A Local Law to amend the administrative code of the city of New York, in relation to limiting the circumstances in which a person may be detained by the police department on a civil immigration detainer

 

Be it enacted by the Council as follows:

 

Section 1.  Subdivision b of section 14-154 of the administrative code of the city of New York, as amended by local law number 228 for the year 2017, is amended to read as follows:

b.   Prohibition on honoring a civil immigration detainer.

1.   The department may only honor a civil immigration detainer by holding a person beyond the time when such person would otherwise be released from the department's custody, in addition to such reasonable time as is necessary to conduct the search specified in subparagraph (ii) of this paragraph, or by notifying federal immigration authorities of such person's release, if:

i.   federal immigration authorities present the department with a judicial warrant for the detention of the person who is the subject of such civil immigration detainer at the time such civil immigration detainer is presented; and

ii.   a search, conducted at or about the time when such person would otherwise be released from the department's custody, of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city of New York or state of New York, indicates, or the department has been informed by a court or any other governmental entity, that such person: A. has been convicted of a violent or serious crime, or B. is identified as a possible match in the terrorist screening database.

[2.   Notwithstanding paragraph one of this subdivision, the department may honor a civil immigration detainer by holding an person for up to forty-eight hours, excluding Saturdays, Sundays and holidays, beyond the time when such person would otherwise be released from the department's custody, in addition to such reasonable time as is necessary to conduct the search specified in this paragraph, if a search, conducted at or about the time when such person would otherwise be released from the department's custody, of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city of New York or state of New York, indicates, or the department has been informed by a court or any other governmental agency, that such person: A. has been convicted of a violent or serious crime and has illegally re-entered the country after a previous removal or return, or B. is identified as a possible match in the terrorist screening database; provided, however, that if federal immigration authorities fail to present the department with a judicial warrant for such person within the period described above, such person shall be released and the department shall not notify federal immigration authorities of such person's release.]

[3.] 2.   Nothing in this section shall affect the obligation of the department to maintain the confidentiality of any information obtained pursuant to paragraph[s] one [or two] of this subdivision.

§2. This local law takes effect 60 days after it becomes law.

 

 

 

HKA

LS #9035

5/20/21