Bill Text: NY A04125 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the executive law, in relation to cooperation between police agencies and the United States bureau of immigration and customs enforcement

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A04125 Detail]

Download: New_York-2009-A04125-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4125
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2009
                                      ___________
       Introduced  by  M. of A. CLARK, GABRYSZAK, FIELDS, WALKER -- Multi-Spon-
         sored by -- M. of A.  BACALLES, BALL, CALHOUN, COLTON, CROUCH,  GALEF,
         GIGLIO, KOLB, MAISEL, MAYERSOHN, McDONOUGH, THIELE, WEISENBERG -- read
         once and referred to the Committee on Governmental Operations
       AN  ACT  to  amend the executive law, in relation to cooperation between
         police agencies and  the  United  States  bureau  of  immigration  and
         customs enforcement
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section  838-a
    2  to read as follows:
    3     S  838-A.  COOPERATION  BETWEEN POLICE AGENCIES AND THE UNITED STATES
    4  BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT.  1. EVERY  POLICE  AGENCY
    5  IN  THE  STATE  AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHT HUNDRED
    6  THIRTY-FIVE OF THIS ARTICLE,  SHALL  FULLY  COOPERATE  WITH  THE  UNITED
    7  STATES  BUREAU  OF  IMMIGRATION  AND  CUSTOMS  ENFORCEMENT REGARDING ANY
    8  PERSON WHO IS ARRESTED UNDER STATE LAW AND WHO IS  REASONABLY  SUSPECTED
    9  OF  BEING  PRESENT  IN  THE  UNITED STATES IN VIOLATION OF FEDERAL IMMI-
   10  GRATION LAWS.
   11     2. WITH RESPECT TO ANY SUCH PERSON WHO IS  SO  ARRESTED  AND  WHO  IS
   12  REASONABLY  SUSPECTED OF BEING PRESENT IN THE UNITED STATES IN VIOLATION
   13  OF FEDERAL IMMIGRATION LAWS, EVERY LAW ENFORCEMENT AGENCY SHALL  DO  THE
   14  FOLLOWING:
   15     (A) ATTEMPT TO VERIFY THE STATUS OF SUCH PERSON AS ONE OF THE FOLLOW-
   16  ING:
   17     (I) A CITIZEN OF THE UNITED STATES;
   18     (II) AN ALIEN LAWFULLY ADMITTED AS A PERMANENT RESIDENT;
   19     (III) AN ALIEN LAWFULLY ADMITTED FOR A TEMPORARY PERIOD OF TIME;
   20     (IV)  A  PERSON  WHO  IS OTHERWISE AUTHORIZED UNDER FEDERAL LAW TO BE
   21  PRESENT IN THE UNITED STATES; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07151-01-9
       A. 4125                             2
    1     (V) AN ALIEN WHO IS PRESENT IN THE  UNITED  STATES  IN  VIOLATION  OF
    2  FEDERAL IMMIGRATION LAWS.
    3     THE  VERIFICATION  PROCESS  MAY INCLUDE, BUT SHALL NOT BE LIMITED TO,
    4  QUESTIONING THE PERSON REGARDING HIS PLACE AND DATE OF BIRTH  AND  ENTRY
    5  INTO  THE  UNITED  STATES AND REQUESTING TO SEE DOCUMENTATION INDICATING
    6  HIS LEGAL STATUS.
    7     (B) NOTIFY THE PERSON OF HIS SUSPECTED STATUS  AS  AN  ALIEN  WHO  IS
    8  PRESENT IN THE UNITED STATES IN VIOLATION OF FEDERAL IMMIGRATION LAWS.
    9     (C) NOTIFY THE ATTORNEY GENERAL AND THE UNITED STATES BUREAU OF IMMI-
   10  GRATION AND CUSTOMS ENFORCEMENT OF SUCH PERSON'S SUSPECTED ILLEGAL IMMI-
   11  GRATION  STATUS  AND  PROVIDE  ANY  ADDITIONAL  INFORMATION  THAT MAY BE
   12  REQUESTED BY ANY OTHER PUBLIC ENTITY.
   13     3. ANY LEGISLATIVE, ADMINISTRATIVE OR OTHER ACTION BY A CITY,  COUNTY
   14  OR  OTHER  LOCAL GOVERNMENTAL ENTITY, OR BY A LAW ENFORCEMENT AGENCY, TO
   15  PREVENT OR LIMIT THE COOPERATION REQUIRED BY SUBDIVISION ONE    OF  THIS
   16  SECTION SHALL BE PROHIBITED.
   17     4.  WHENEVER A STATE, CITY, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY
   18  REPORTS A PERSON WHO IS SUSPECTED OF BEING PRESENT IN THE UNITED  STATES
   19  IN  VIOLATION  OF FEDERAL IMMIGRATION LAWS TO THE ATTORNEY GENERAL, THAT
   20  REPORT SHALL BE TRANSMITTED TO THE UNITED STATES BUREAU  OF  IMMIGRATION
   21  AND  CUSTOMS ENFORCEMENT.  THE ATTORNEY GENERAL SHALL BE RESPONSIBLE FOR
   22  MAINTAINING COMPLETE AND ACCURATE RECORDS OF  SUCH  REPORTS,  AND  SHALL
   23  PROVIDE  ANY  ADDITIONAL  INFORMATION THAT MAY BE REQUESTED BY ANY OTHER
   24  GOVERNMENT ENTITY.
   25    S 2. This act shall take effect on the thirtieth day  after  it  shall
   26  have become a law.