A 8188: 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.

  
  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 to fuel sold to any commercial airline that transports individuals 18 detained by U.S. immigration and customs enforcement for the purpose of 19 deportation without: 20 (A) presentation of a valid judicial warrant or order issued by a 21 federal judge or magistrate, not including administrative immigration 22 detainers issued by U.S. immigration and customs enforcement; and 23 (B) demonstration that such individuals have been afforded all appli- 24 cable rights to due process under federal and state law, including the 25 right to counsel and a hearing before an immigration judge. 26 (ii) Nothing in subparagraph (i) of this paragraph shall be construed 27 to prohibit or penalize any airline for complying with a valid court 28 order or lawful federal mandate and shall not create a duty to refuse 29 lawful federal requests. 30 § 5. If any clause, sentence, paragraph, subdivision, or section of 31 this act shall be adjudged by any court of competent jurisdiction to be 32 invalid, such judgment shall not affect, impair, or invalidate the 33 remainder thereof, but shall be confined in its operation to the clause, 34 sentence, paragraph, subdivision, or section thereof directly involved 35 in the controversy in which such judgment shall have been rendered. It 36 is hereby declared to be the intent of the legislature that this act 37 would have been enacted even if such invalid provisions had not been 38 included herein. 39 § 6. This act shall take effect on the ninetieth day after it shall 40 have become a law. Effective immediately, the addition, amendment and/or 41 repeal of any rule or regulation necessary for the implementation of 42 this act on its effective date are authorized to be made and completed 43 on or before such effective date.