New York S 4735: Relates to protecting students, faculty, and staff from immigration enforcement while attending or participating in school activities

Bill Text

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S04735 Summary:

BILL NOS04735B

&nbsp

SAME ASSAME AS A05373-A

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRBOTTCHER, COMRIE, COONEY, FERNANDEZ, JACKSON, MAY

&nbsp

MLTSPNSR

&nbsp

Add §29, Civ Rts L; add §409-o, Ed L

&nbsp

Prohibits immigration enforcement in school settings; prohibits all public and charter schools from allowing law enforcement officials inside school property to access a student, except to address an imminent safety situation or if they have an appropriate judicial warrant or judicial order.

Go to top S04735 Actions:

BILL NOS04735B

&nbsp

02/12/2025REFERRED TO CODES

06/09/2025AMEND (T) AND RECOMMIT TO CODES

06/09/2025PRINT NUMBER 4735A

06/11/2025AMEND AND RECOMMIT TO CODES

06/11/2025PRINT NUMBER 4735B

01/07/2026REFERRED TO CODES

Go to topS04735 Committee&nbspVotes:

Go to topS04735 Floor&nbspVotes:

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

Go to topS04735 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4735--B

 2025-2026 Regular Sessions

 IN SENATE

 February 12, 2025
 ___________

 Introduced by Sens. SEPULVEDA, COMRIE, JACKSON -- read twice and ordered
 printed, and when printed to be committed to the Committee on Codes --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the civil rights law and the education law, in relation
 to protecting students, faculty, and staff from immigration enforce-
 ment while attending or participating in school 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 "protect our schools act".
 3 § 2. The civil rights law is amended by adding a new section 29 to
 4 read as follows:
 5 § 29. Immigration enforcement; protection in school settings. 1. A
 6 person attending, employed at, or otherwise lawfully present at a public
 7 or charter school, including students, parents, teachers and school
 8 staff is privileged from immigration enforcement while in non-public
 9 portions of school grounds or any property managed or operated by a
 10 school district, unless the enforcement action is supported by a valid
 11 court order or judicial warrant issued by an independent judge appointed
 12 pursuant to Article III of the United States constitution or federal
 13 magistrate judge appointed pursuant to 28 USC § 631 commanding the
 14 arrest of such individual.
 15 2. Administrative warrants, immigration detainers, and all other docu-
 16 ments besides a valid court order or judicial warrant are insufficient
 17 for immigration enforcement in non-public portions of school grounds.
 18 3. It shall be considered unlawful and constitute unlawful imprison-
 19 ment for any person to willfully violate this section by executing or
 20 assisting in an arrest prohibited under this section, provided, however,
 21 that nothing in this subdivision shall affect any right or defense of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09018-05-5

 S. 4735--B 2

 1 any person, school resource officer, police officer, peace officer or
 2 public officer acting lawfully pursuant to their duty to maintain safety
 3 in school settings.
 4 4. A person whose rights under this section are violated or may be
 5 violated may bring a civil action for equitable and declaratory relief
 6 if such person has reasonable cause to believe a violation of this
 7 section has occurred or may occur. Additionally, the attorney general
 8 may bring a civil action in the name of the state to obtain appropriate
 9 equitable and declaratory relief if the attorney general has reasonable
 10 cause to believe a violation of this section has occurred or may occur.
 11 5. Any successful action pursuant to this section may result in the
 12 recovery of costs and reasonable attorney's fees.
 13 6. As used in this section:
 14 (a) "Administrative warrant" shall mean a warrant that is prepared and
 15 issued by federal immigration authorities and directs federal officials
 16 to arrest a noncitizen for removal