New York S 3657: Regulates the discovery and disclosure of immigration status

Bill Text

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S03657 Summary:

BILL NOS03657 

&nbsp

SAME ASNo Same As

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SPONSORBORRELLO

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COSPNSR

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MLTSPNSR

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Ren Art 20 to be Art 21, add Art 20 §§1 - 4, Constn

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Regulates the discovery and disclosure of immigration status; limits state officers, employees and law enforcement inquiring about an individual's immigration status.

Go to top S03657 Actions:

BILL NOS03657 

&nbsp

01/29/2025REFERRED TO JUDICIARY

01/30/2025TO ATTORNEY-GENERAL FOR OPINION

02/07/2025OPINION REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

01/08/2026TO ATTORNEY-GENERAL FOR OPINION

02/03/2026OPINION REFERRED TO JUDICIARY

Go to topS03657 Committee&nbspVotes:

Go to topS03657 Floor&nbspVotes:

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

Go to topS03657 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3657

 2025-2026 Regular Sessions

 IN SENATE

 January 29, 2025
 ___________

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

 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

 proposing an amendment to the constitution, in relation to regulating
 the discovery and disclosure of immigration status

 1 Section 1. Resolved (if the Assembly concur), That article 20 of the
 2 constitution be renumbered article 21 and a new article 20 be added to
 3 read as follows:
 4 ARTICLE XX
 5 Regulation of Discovery and Disclosure of Immigration Status
 6 Section 1. For purposes of this article, the following terms shall
 7 have the following meanings:
 8 1. "State entity" shall mean (a) all agencies and departments over
 9 which the governor has executive authority; and (b) all public benefit
 10 corporations, public authorities, boards, and commissions, for which the
 11 governor appoints the chair, the chief executive, or the majority of
 12 board members, except for the port authority of New York and New Jersey.
 13 2. "Noncitizen" shall mean any person who is not a citizen or national
 14 of the United States.
 15 3. "Illegal activity" shall mean any unlawful activity that consti-
 16 tutes a crime under state or federal law, provided, however, an individ-
 17 ual's status as an undocumented noncitizen shall not constitute unlawful
 18 activity.
 19 § 2. No state officers or employees, other than law enforcement offi-
 20 cers, shall inquire about an individual's immigration status unless:
 21 1. the status of such individual is necessary to determine such indi-
 22 vidual's eligibility for a program, benefit, or the provision of a
 23 service; or
 24 2. the state officer or employee is required by law to inquire about
 25 such individual's status.
 26 § 3. No state officers or employees, including law enforcement offi-
 27 cers, shall disclose information to federal immigration authorities for

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89084-01-5

 S. 3657 2

 1 the purpose of federal civil immigration enforcement, unless required by
 2 law. Notwithstanding such prohibition, this article shall not prohibit,
 3 or in any way restrict, any state employee from sending to, or receiving
 4 from, federal immigration authorities, information regarding the citi-
 5 zenship or immigration status, lawful or unlawful, of any individual, as
 6 required by law.
 7 § 4. 1. No law enforcement officers shall inquire about an individ-
 8 ual's immigration status unless investigating such individual's illegal
 9 activity, provided however that such inquiry is relevant to the illegal
 10 activity under investigation. Nothing in this article shall restrict law
 11 enforcement officers from seeking documents for the purpose of identifi-
 12 cation following arrest.
 13 2. Such prohibition against inquiring into status includes, but is not
 14 limited to, when an individual approaches a law enforcement officer
 15 seeking assistance, is the victim of a crime, or is witness to a crime.
 16 3. Law enforcement officers shall not use resources, equipment or
 17 personnel for the purpose of detecting and apprehending any individual
 18 suspected or wanted only for violating a civil immigration offense. Law
 19 enforcement officers shall have no authority to take any pol