New York S 9104: Relates to immigration enforcement

Bill Text

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S09104 Summary:

BILL NOS09104 

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SAME ASNo Same As

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SPONSORASHBY

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COSPNSR

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MLTSPNSR

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Add Art 35 §847, Exec L; add §530, Cor L; add §46, Civ Rts L

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Relates to state and local law enforcement agency coordination with the federal government for purposes of immigration enforcement, to the release of noncitizen incarcerated individuals for federal immigration purposes, and to immigration enforcement in sensitive locations.

Go to top S09104 Actions:

BILL NOS09104 

&nbsp

02/03/2026REFERRED TO CODES

Go to topS09104 Committee&nbspVotes:

Go to topS09104 Floor&nbspVotes:

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

Go to topS09104 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9104

 IN SENATE

 February 3, 2026
 ___________

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

 AN ACT to amend the executive law, the correction law and the civil
 rights law, in relation to immigration enforcement; and providing for
 the repeal of such provisions upon expiration thereof

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

 1 Section 1. Article 35 of the executive law is amended by adding a new
 2 section 847 to read as follows:
 3 § 847. Law enforcement coordination in federal immigration enforce-
 4 ment. 1. Notwithstanding any other provision of law, no state or local
 5 law enforcement agency may enter into any agreement with the federal
 6 government regarding the enforcement of federal civil immigration law,
 7 including but not limited to an agreement pursuant to 8 USC 1357(g), for
 8 any purpose other than to inform federal officials of noncitizens in
 9 their custody and to facilitate the transfer of removable noncitizens
 10 who are in the custody of the state department of corrections and commu-
 11 nity supervision or a local correctional facility.
 12 2. Nothing in this section shall prohibit state or local law enforce-
 13 ment from coordinating with the federal government, including immi-
 14 gration officials, for the purpose of assisting with security at any
 15 designated port of entry or along the Canada-United States border, or
 16 assisting with the execution of a judicial warrant or the investigation
 17 of a violation of state or federal criminal law.
 18 § 2. The correction law is amended by adding a new section 530 to read
 19 as follows:
 20 § 530. Release of noncitizen incarcerated individuals for federal
 21 immigration purposes. 1. Where a deportable noncitizen is in the custody
 22 of a local correctional facility pending trial on charges of at least
 23 one felony, such facility may only release such noncitizen to the custo-
 24 dy of immigration officials on consent of the district attorney or other
 25 appropriate prosecuting agency. Immediately upon receiving a request
 26 from a federal agency to take custody of a noncitizen in the custody of
 27 the local correctional facility, the county sheriff or commissioner of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14708-01-6

 S. 9104 2

 1 the department of correction of the city of New York shall notify the
 2 appropriate prosecuting agency of the request from the federal agency.
 3 2. Nothing in this section shall prohibit a local correctional facili-
 4 ty or the department of corrections and community supervision from
 5 releasing a deportable noncitizen to federal authorities upon the
 6 completion of such noncitizen's sentence of incarceration.
 7 § 3. The civil rights law is amended by adding a new section 46 to
 8 read as follows:
 9 § 46. Immigration enforcement in sensitive locations. 1. For the
 10 purposes of this section, the following terms shall have the following
 11 meaning:
 12 (a) "Sensitive location" shall mean:
 13 (i) in or on or within any building, structure, athletic playing
 14 field, playground or land contained within the real property boundary
 15 line of a public or private elementary, parochial, intermediate, junior
 16 high, vocational, or high school, or any area accessible to the public
 17 located within three hundred feet of the real property bou