New York S 9258: Enacts the "facial identification and transparency in immigration enforcement act"

Bill Text

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S09258 Summary:

BILL NOS09258 

&nbsp

SAME ASSAME AS A08995

&nbsp

SPONSORCLEARE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §94-c, Exec L; add §60.80, CP L; add §4552, CPLR; amd §306, St Ad Proc Act

&nbsp

Enacts the "facial identification and transparency in immigration enforcement act"; requires federal immigration enforcement agents to identify themselves as such when conducting enforcement activities.

Go to top S09258 Actions:

BILL NOS09258 

&nbsp

02/19/2026REFERRED TO FINANCE

Go to topS09258 Committee&nbspVotes:

Go to topS09258 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09258 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9258

 IN SENATE

 February 19, 2026
 ___________

 Introduced by Sen. CLEARE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Finance

 AN ACT to amend the executive law, the criminal practice law, the civil
 practice law and rules, and the state administrative procedure act, in
 relation to requiring federal immigration enforcement agents to iden-
 tify themselves as such when conducting enforcement activities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "facial identification and transparency in immigration enforcement
 3 act".
 4 § 2. Legislative findings and intent. The legislature finds that
 5 ensuring transparency and accountability in immigration enforcement
 6 actions conducted within the state of New York is essential to public
 7 safety and the protection of civil liberties. The use of unmarked agents
 8 or masked individuals by federal agencies without clearly identifying
 9 themselves contributes to fear, confusion, and potential violations of
 10 constitutional rights. The purpose of this legislation is to ensure that
 11 all individuals have the right to know who is conducting enforcement
 12 actions and to protect the integrity of law enforcement procedures in
 13 the state.
 14 § 3. The executive law is amended by adding a new section 94-c to read
 15 as follows:
 16 § 94-c. Requirements for federal immigration enforcement activity. 1.
 17 No agent, officer, or contractor acting on behalf of United States immi-
 18 gration and customs enforcement (ICE) or any other federal immigration
 19 enforcement agency shall conduct any enforcement activity within the
 20 state of New York unless such agent, officer, or contractor:
 21 (a) clearly displays a valid and current federal identification badge
 22 and credentials which are visible to the individual or individuals
 23 subject to enforcement; and
 24 (b) does not obscure or conceal such officer, agent, or contractor's
 25 face with a mask, shield, or any other facial covering unless required
 26 for safety due to an imminent and articulable threat or as advised
 27 following a public health emergency declared under state or federal law.
 28 2. Any federal immigration enforcement officer, agent, or contractor
 29 operating in New York shall, upon request by any individual subject to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13441-01-5

 S. 9258 2

 1 such enforcement activity or any member of a state law enforcement agen-
 2 cy, provide such officer, agent, or contractor's name, agency, and badge
 3 number.
 4 3. Any state or local law enforcement agency, officer, or employee who
 5 becomes aware of a violation of this section shall document and report
 6 such violation to the office of the New York state attorney general
 7 within forty-eight hours. The department shall establish a telephone
 8 hotline and may establish an internet form for members of the public to
 9 report such violations.
 10 4. The attorney general shall have the authority to investigate any
 11 violations of this section and may bring a civil action for injunctive
 12 relief or penalties, including a fine of up to five thousand dollars per
 13 violation.
 14 § 4. The criminal procedure law is amended by adding a new section
 15 60.80 to read as follows:
 16 § 60.80 Admissibility of evidence obtained by federal immigration agents
 17 i