N.Y. Executive Law § 319-a: Restrictions on immigration enforcement by state employees

§ 319-a. Restrictions on immigration enforcement by state employees.

1. No state employee shall use state resources, including, but not

limited to, time spent while on duty or any property or facilities owned

or operated by or under the control of the state entity, for immigration

enforcement purposes.

2. No state employee shall disclose to an immigration authority or any

employee thereof an individual's personally identifiable information,

including, but not limited to, a person's name, social security number,

physical description, any associated addresses, telephone number,

financial information, medical information, or place of employment or

education except as provided in subdivision nine of this section.

3. No state employee shall question, investigate, or interrogate an

individual solely on the basis of an immigration detainer, a civil

immigration warrant, or for the sole purpose of immigration enforcement.

4. No state employee shall inquire about a person's citizenship,

immigration status, nationality, or country of origin, except as

provided in subdivision nine of this section or as necessary to

administer a public program or benefit sought by such person; or when

registering an individual to vote and other election related matters.

5. No state employee shall collect information about a person's

citizenship, immigration status, nationality, or country of origin,

except as provided in subdivision nine of this section or as necessary

to administer a public program or benefit sought by such person; or when

registering an individual to vote and other election related matters.

6. (a) (i) No state employee shall grant permission to access or

facilitate access to non-public areas of property or facilities owned or

operated by or under the control of the state entity to an immigration

authority or any employee thereof engaging in immigration enforcement

except as provided in subdivision nine of this section.

(ii) Provided, however, that no state entity or state government

employee shall grant permission to access or facilitate access to a

polling location to an immigration authority or any employee thereof

engaging in immigration enforcement where doing so would violate 18 §§

U.S.C. 592, 595, 52 U.S.C. § 10307(b), the Fourteenth Amendment of the

United States Constitution, or the Fifteenth Amendment of the United

States Constitution, except as provided in subdivision nine of this

section.

(b) Each state entity shall implement policies and/or procedures for

all relevant employees in the event that a judicial warrant or court

order is presented for access to non-public areas, including the

protocol to verify the sufficiency of any judicial warrant or court

order to ensure such judicial warrant or court order complies with the

provisions of this section prior to permitting access to any non-public

areas. Such policies and/or procedures shall include a designated

contact for such inquiries. Nothing in this paragraph shall abrogate or

otherwise change any legal privileges, including, but not limited to,

the attorney client privilege, that may apply to such inquires.

7. No state employee shall use an immigration authority or any

employee thereof as an interpreter or translator for law enforcement

matters relating to individuals that such entities or employees interact

with as part of their employment duties.

8. The provisions of this section shall not be construed to prohibit

or restrict state entities or state employees from sending to or

receiving from the United States department of homeland security or any

other federal, state, or local governmental entity information regarding

the citizenship or immigration status of an individual pursuant to 8

U.S.C. § 1373.

9. The provisions of this article shall not prohibit state employees

from complying with court orders issued by a judge appointed pursuant to

Article III of the United States Constitution or a federal magistrate

judge appointed pursuant to 28 U.S.C. § 631, or judicial warrants issued

by a judge appointed pursuant to Article III of the United States

Constitution or federal magistrate judge appointed pursuant to 28 U.S.C.

§ 631, or complying with requirements under existing law.

10. The provisions of this article shall apply notwithstanding any

other provisions of state or local law and shall not be construed to in

any way to expand the authority of state employees to participate in

immigration enforcement.

11. Nothing in this article shall be construed to prevent state

entities from adopting policies which exceed the provisions of this

article or further restrict state entities or state employees from

participation in immigration enforcement beyond the requirements set

forth in this article.

12. For any databases operated by a state entity, including databases

maintained for a state entity by private vendors, the attorney general

shall, by the first of January following the effective date of this

article, in consultation with appropriate stakeholders, publish guidance

and training recommendations aimed at ensuring that such databases are

governed in a manner that limits the availability of information

contained therein, to the fullest extent practicable and consistent with

federal and state law including, but not limited to, 8 U.S.C. § 1373, to

anyone or any entity for the purpose of immigration enforcement. All

state entities may adopt necessary changes to database governance

policies consistent with such guidance.

13. The office of employee relations shall develop training covering

the requirements of this article no later than one hundred twenty days

after its effective date and shall ensure that such training is made

available to state entities as defined in section three hundred nineteen

of this article so that state employees shall receive training relevant

to their required role in implementing this article. Such training shall

be conducted during the employee's regular working hours and employees

shall receive compensation at their regular rate of pay for any time

spent participating in such training. Subsequent training for required

employees shall be provided within sixty days of hire, and annually

thereafter.