File #: Int 0158-2022    Version: * Name: Creating a private right of action related to civil immigration detainers.
Type: Introduction Status: Committee
Committee: Committee on Immigration
On agenda: 4/14/2022
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to creating a private right of action related to civil immigration detainers
Sponsors: Shahana K. Hanif, Shekar Krishnan, Carlina Rivera , Keith Powers , Tiffany Cabán, Julie Won, Lincoln Restler, Crystal Hudson, Sandy Nurse, Shaun Abreu
Council Member Sponsors: 10
Summary: This bill would create a private right of action in the city’s civil immigration detainer laws, allowing individuals held by the New York Police Department, the Department of Correction, and the Department of Probation to bring an action alleging a violation of the detainer laws in any court of competent jurisdiction.
Attachments: 1. Summary of Int. No. 158, 2. Int. No. 158, 3. April 14, 2022 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 4-14-22, 5. Minutes of the Stated Meeting - April 14, 2022

Int. No. 158

 

By Council Members Hanif, Krishnan, Rivera, Powers, Cabán, Won, Restler, Hudson, Nurse and Abreu

 

A Local Law to amend the administrative code of the city of New York, in relation to creating a private right of action related to civil immigration detainers

 

Be it enacted by the Council as follows:

 

Section 1.  Subdivision e of section 9-131 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:

 e.   [No private] Private right of action. [Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city of New York or the department, or any official or employee thereof.] Any person detained in violation of this section, or their direct relative, may bring an action in any court of competent jurisdiction for a claim of unlawful detention in violation of this section, for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate. The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, to the prevailing party whenever the court determines such an award is appropriate. This section does not limit or abrogate any claim or cause of action such person has under common law or by other law or rule.

§2. Subdivision e 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:

 e.   [No private] Private right of action. [Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city of New York or the department, or any official or employee thereof.] Any person detained in violation of this section, or their direct relative, may bring an action in any court of competent jurisdiction for a claim of unlawful detention in violation of this section, for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate. The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, to the prevailing party whenever the court determines such an award is appropriate. This section does not limit or abrogate any claim or cause of action such person has under common law or by other law or rule.

§3. Subdivision e of section 9-205 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:

 e.   [No private] Private right of action. [Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city of New York or the department, or any official or employee thereof.] Any person detained in violation of this section, or their direct relative, may bring an action in any court of competent jurisdiction for a claim of unlawful detention in violation of this section, for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate. The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, to the prevailing party whenever the court determines such an award is appropriate. This section does not limit or abrogate any claim or cause of action such person has under common law or by other law or rule.

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

 

 

 

Session 12

IP

LS #8441

4/8/22 2:20pm

 

Session 11

HKA

LS #17517

Int. #2348-2021