File #: Int 0214-2024    Version: * Name: Creating a private right of action related to civil immigration detainers and cooperation with federal immigration authorities.
Type: Introduction Status: Committee
Committee: Committee on Immigration
On agenda: 2/28/2024
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 , Lincoln Restler, Alexa Avilés, Crystal Hudson, Gale A. Brewer
Council Member Sponsors: 8
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.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 214, 2. Int. No. 214, 3. February 28, 2024 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 2-28-24

Int. No. 214

 

By Council Members Hanif, Krishnan, Rivera, Powers, Restler, Avilés, Hudson and Brewer

 

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 13

LS #8441

1/11/24

 

Session 12

IP

LS #8441

4/8/22 2:20pm