New York A 8188: Enacts the state airport facilities enforcing accountability in immigration removals (SAFE AIR) act

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 Speaker Carl E. Heastie

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A08188 Summary:

BILL NOA08188 

&nbsp

SAME ASSAME AS S07960

&nbsp

SPONSORSolages

&nbsp

COSPNSRSimone, Forrest, Cruz, Kelles, Lee, Valdez, Gonzalez-Rojas, Levenberg, Romero

&nbsp

MLTSPNSR

&nbsp

Add §2879-d, Pub Auth L; amd §1115, Tax L

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Prohibits public entities from contracting with airlines that transport individuals who have been detained by U.S. immigration and customs enforcement without being afforded due process rights; prohibits certain sales and use tax exemptions on fuel sold to an airline that transports individuals who have been detained by U.S. immigration and customs enforcement without being afforded due process rights.

Go to top A08188 Actions:

BILL NOA08188 

&nbsp

05/05/2025referred to corporations, authorities and commissions

01/07/2026referred to corporations, authorities and commissions

Go to topA08188 Committee&nbspVotes:

Go to topA08188 Floor&nbspVotes:

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

Go to topA08188 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8188

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 5, 2025
 ___________

 Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
 tee on Corporations, Authorities and Commissions

 AN ACT to amend the public authorities law and the tax law, in relation
 to enacting the "state airport facilities enforcing accountability in
 immigration removals (SAFE AIR) act"

 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 "state airport facilities enforcing accountability in immigration
 3 removals (SAFE AIR) act".
 4 § 2. Legislative findings. The legislature finds that the due process
 5 protections afforded by the United States Constitution must extend to
 6 all individuals within the state of New York. Deportations and removals
 7 executed without proper documentation or due process, including trans-
 8 portation of individuals without judicial warrants, erode public trust,
 9 infringe upon civil liberties, and place transportation providers at
 10 legal and ethical risk. It is the policy of the state of New York to
 11 ensure that state resources are not used to facilitate such actions.
 12 This act is intended to exercise the state's proprietary authority over
 13 the operation of its airports and the allocation of public funds, and
 14 does not seek to regulate immigration or interfere with federal enforce-
 15 ment authority.
 16 § 3. The public authorities law is amended by adding a new section
 17 2879-d to read as follows:
 18 § 2879-d. Airline compliance with due process standards. 1. No state
 19 agency, department, authority, public benefit corporation, or locality
 20 shall enter into, renew, or extend any contract, grant, or cooperative
 21 agreement with any commercial airline that transports individuals
 22 detained by U.S. immigration and customs enforcement for the purpose of
 23 deportation without:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11770-03-5

 A. 8188 2

 1 (a) presentation of a valid judicial warrant or order issued by a
 2 federal judge or magistrate, not including administrative immigration
 3 detainers issued by U.S. immigration and customs enforcement; and
 4 (b) demonstration that such individuals have been afforded all appli-
 5 cable rights to due process under federal and state law, including the
 6 right to counsel and a hearing before an immigration judge.
 7 2. Nothing in subdivision one of this section shall be construed to
 8 prohibit or penalize any airline for complying with a valid court order
 9 or lawful federal mandate and shall not create a duty to refuse lawful
 10 federal requests.
 11 3. The attorney general may bring an action to enforce the provisions
 12 of this section, including to seek injunctive relief or civil penalties.
 13 § 4. Paragraph 9 of subdivision (a) of section 1115 of the tax law, as
 14 added by chapter 93 of the laws of 1965, is amended to read as follows:
 15 (9) (i) Fuel sold to an [air line] airline for use in its airplanes;
 16 provided, however that the exemption under this paragraph shall not
 17 apply