A 5467: Relates to granting local law enforcement agencies the authority to enforce federal immigration law under the 287(g) program in order to enhance the enforcement of federal immigration laws regarding individuals engaged in criminal activity.

  
  STATE OF NEW YORK ________________________________________________________________________ 5467 2025-2026 Regular Sessions  IN ASSEMBLY February 14, 2025 ___________ Introduced by M. of A. E. BROWN -- read once and referred to the Commit- tee on Codes AN ACT to amend the executive law, in relation to granting federal immi- gration enforcement powers to local law enforcement agencies in New York state 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 "New York state immigration enforcement act of 2025". 3 § 2. Legislative findings. The legislature finds that: 4 1. Criminal activity committed by illegal immigrants, especially those 5 with a history of violent or gang-related offenses, poses a significant 6 threat to public safety in New York state communities. 7 2. Local law enforcement agencies have an essential role in ensuring 8 the safety of all residents, and their capacity to cooperate with feder- 9 al authorities to enforce immigration law strengthens public safety. 10 3. Federal authorities, specifically United States Immigration and 11 Customs Enforcement ("ICE"), offer an opportunity to local law enforce- 12 ment to assist in the identification, arrest, and deportation of crimi- 13 nal illegal immigrants. 14 4. Nassau County has recently entered into an agreement with ICE under 15 the 287(g) program, and this approach has proven effective in addressing 16 the safety concerns associated with illegal immigration and crime. 17 5. It is in the best interest of New York state to extend this model 18 statewide to enhance local law enforcement's ability to combat criminal 19 activity by individuals residing unlawfully in the United States. 20 § 3. The executive law is amended by adding a new section 837-y to 21 read as follows: 22 § 837-y. Cooperation with federal immigration enforcement agency. 1. 23 For the purposes of this section, the following terms shall have the 24 following meanings: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09318-01-5 
 A. 5467 2 1 (a) "287(g) program" shall mean a federal program that allows the 2 United States immigration and customs enforcement agency to deputize 3 local law enforcement officers to enforce federal immigration laws 4 pursuant to section 287(g) of the federal immigration and nationality 5 act. 6 (b) "Criminal migrant" shall mean any individual who is unlawfully 7 residing in the United States and is suspected of engaging in criminal 8 activity, as defined by the penal law. 9 (c) "Local law enforcement agency" shall mean any police department or 10 sheriff's office operating within the state of New York. 11 2. (a) The division, in cooperation with the United States immigration 12 and customs enforcement agency, shall create a process for local law 13 enforcement agencies to participate in the 287(g) program. 14 (b) Any local law enforcement agency that elects to participate in the 15 program may deputize up to but no more than ten officers or detectives 16 to enforce federal immigration law pursuant to the 287(g) program. Such 17 officers shall be trained and authorized by the United States immi- 18 gration and customs enforcement agency to arrest and detain criminal 19 migrants pursuant to federal immigration law. 20 (c) Such officers shall be authorized to: 21 (i) identify, arrest, and detain criminal migrants; 22 (ii) collaborate with the United States immigration and customs 23 enforcement agency to initiate deportation proceedings for any criminal 24 migrant who is arrested by a local law enforcement agency; 25 (iii) detain a criminal migrant for up to seventy-two hours; and 26 (iv) allow United States immigration and customs enforcement agency 27 agents to take custody of any criminal migrant who is arrested or 28 detained by a local law enforcement agency for further immigration proc- 29 essing. 30 (d) Participating law enforcement agencies shall: 31 (i) provide the United States immigration and customs enforcement 32 agency with a permanent presence at local detention facilities for the 33 purpose of transferring criminal migrants; 34 (ii) adhere to the training protocols and federal oversight require- 35 ments specified pursuant to the 287(g) program; and 36 (iii) ensure that individuals detained pursuant to the 287(g) program 37 are held in a secure and humane manner, in accordance with both federal 38 and state guidelines. 39 3. (a) The New York state legislature shall appropriate funding, as 40 appropriate, for local law enforcement agencies to implement the 287(g) 41 program pursuant to this section. Such funding may be used for, but 42 shall not be limited to, training, equipment, and additional personnel, 43 as needed. 44 (b) Each local law enforcement agency that participates in the 287(g) 45 program shall be entitled to receive federal funds from the United 46 States immigration and customs enforcement agency for the assistance of 47 such agency in enforcing federal immigration laws. 48 4. Local law enforcement agencies may apply to participate in the 49 287(g) program by submitting a formal application to the division in 50 such form and manner as determined by the commissioner. Such application 51 shall outline such local law enforcement agency's commitment to enforc- 52 ing both state and federal immigration laws and their readiness to 53 comply with the training and operational requirements set by the United 54 States immigration and customs enforcement agency. 
 A. 5467 3 1 5. (a) The division shall conduct regular reviews and audits of the 2 287(g) program to ensure that participating law enforcement agencies are 3 complying with all state and federal laws and regulations. 4 (b) The legislature shall establish an oversight committee to monitor 5 the implementation and effectiveness of the program statewide. Such 6 oversight committee shall be comprised of members from the assembly and 7 senate and representatives from civil rights organizations. Such over- 8 sight committee shall prepare and submit to the legislature an annual 9 report, which shall include but not be limited to: 10 (i) the program's impact on public safety; 11 (ii) the legal rights of detainees; and 12 (iii) the overall effectiveness of immigration enforcement in the 13 state. 14 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 15 sion, section or part of this act shall be adjudged by any court of 16 competent jurisdiction to be invalid, such judgment shall not affect, 17 impair, or invalidate the remainder thereof, but shall be confined in 18 its operation to the clause, sentence, paragraph, subdivision, section 19 or part thereof directly involved in the controversy in which such judg- 20 ment shall have been rendered. It is hereby declared to be the intent of 21 the legislature that this act would have been enacted even if such 22 invalid provisions had not been included herein. 23 § 5. This act shall take effect immediately.