A 9366: Provides for procedures and restrictions regarding the discovery and disclosure of immigration status by the state and city universities of New York.

  
  STATE OF NEW YORK ________________________________________________________________________ 9366 2025-2026 Regular Sessions  IN ASSEMBLY December 19, 2025 ___________ Introduced by M. of A. ROMERO -- read once and referred to the Committee on Higher Education AN ACT to amend the education law and the executive law, in relation to procedures and restrictions regarding the discovery and disclosure of immigration status by the state and city universities of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2 of the education law is amended by adding six new 2 subdivisions 25, 26, 27, 28, 29, and 30 to read as follows: 3 25. "Immigration authorities" means any officer, employee, or govern- 4 ment employee who is responsible for enforcement of the federal Immi- 5 gration and Nationality Act, including any officer or agent of United 6 States Immigration and Customs Enforcement or United States Customs and 7 Border Protection. 8 26. "Immigration enforcement" means the enforcement of any civil 9 provision of the federal Immigration and Nationality Act or any 10 provision of law that penalizes a person's presence in, entry into, or 11 reentry into the United States. 12 27. "Immigration law" means any civil provision of the federal Immi- 13 gration and Nationality Act and any provision of law that penalizes a 14 person's presence in, entry into, or reentry into the United States. 15 28. "Immigration detainer" means any document, form, or other communi- 16 cation requesting or directing that a New York State University police 17 officer or other government entity detain or maintain custody of an 18 individual, for any period of time, for pickup by or transfer to immi- 19 gration authorities. 20 29. "Civil immigration warrant" means any warrant for a violation of 21 civil immigration law that is not issued by a judge appointed pursuant 22 to Article III of the United States constitution or a federal magistrate 23 judge appointed pursuant to 28 USC § 631, and includes any warrant 24 entered into the national crime information center database. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13377-01-5 
 A. 9366 2 1 30. "University employee" means any individual employed for hire by 2 the State University of New York who performs work on a full-time or 3 part-time basis, any individual employed by the State of New York who 4 performs work on or involving any State University of New York campus, 5 or any individual performing work for the State University of New York 6 under a contract. 7 § 2. The education law is amended by adding a new article 128 to read 8 as follows: 9 ARTICLE 128 10 PROCEDURES FOR NEW YORK STATE UNIVERSITY POLICE OFFICERS AND EMPLOYEES 11 PERTAINING TO IMMIGRATION ENFORCEMENT 12 Section 6360. Duties of New York state university police officers and 13 employees; immigration. 14 6360-a. Direction by immigration authorities. 15 6360-b. Immigration detainer; questioning, investigation or 16 interrogation prohibited. 17 6360-c. Inquiry into and collection of information about citi- 18 zenship or immigration status prohibited. 19 6360-d. Notification of immigration authorities prohibited. 20 6360-e. Transfer of custody to immigration authorities. 21 6360-f. Entry of immigration status into a database. 22 6360-g. Immigration authorities as interpreters prohibited. 23 6360-h. Written consent for interview. 24 6360-i. Receipt of information regarding citizenship. 25 6360-j. Compliance with court orders and judicial warrants. 26 6360-k. Application of laws. 27 § 6360. Duties of New York state university police officers and 28 employees; immigration. The duties and authority of New York state 29 university police officers and employees shall not include authority to 30 engage in immigration enforcement. New York state university police 31 officers and employees shall not use university resources or public 32 resources for immigration enforcement. 33 § 6360-a. Direction by immigration authorities. No New York state 34 university police officer or employee shall be subject to the direction 35 or supervision of immigration authorities. No New York state university 36 police officer or employee shall participate in or be subject to any 37 agreement for the purpose of immigration enforcement. 38 § 6360-b. Immigration detainer; questioning, investigation or interro- 39 gation prohibited. No New York state university police officer or 40 employee shall question, investigate, or interrogate an individual sole- 41 ly on the basis of an immigration detainer, a civil immigration warrant, 42 or an actual or suspected violation of immigration law. 43 § 6360-c. Inquiry into and collection of information about citizenship 44 or immigration status prohibited. 1. No New York state university police 45 officer or employee shall inquire about a person's citizenship, immi- 46 gration status, nationality, or country of origin, unless required by 47 law or necessary to administer a public program or benefit sought by 48 that person. 49 2. No New York state university police officer or employee shall 50 collect information regarding citizenship, immigration status, national- 51 ity, or country of origin, unless required by law or necessary to admin- 52 ister a public program or benefit sought by that person. 53 § 6360-d. Notification of immigration authorities prohibited. No New 54 York state university police officer or employee shall notify or other- 55 wise communicate with immigration authorities regarding: 
 A. 9366 3 1 1. the date, time, or location that an individual will be released 2 from custody; 3 2. the time, date, or location of an individual's court appearance; or 4 3. any other information available to officers or employees through or 5 as a result of such employment as a New York state university police 6 officer or employee. 7 § 6360-e. Transfer of custody to immigration authorities. No New York 8 state university police officer or employee shall transfer or facilitate 9 the transfer of individuals in their custody to the custody of immi- 10 gration authorities absent a valid court order or judicial warrant 11 issued by an independent judge appointed pursuant to Article III of the 12 United States constitution or federal magistrate judge appointed pursu- 13 ant to 28 USC § 631 commanding the arrest of such individual. 14 § 6360-f. Entry of immigration status into a database. No New York 15 state university police officer or employee shall enter a person's immi- 16 gration status into any database maintained by any government entity 17 unless required or necessary to administer a public program or benefit 18 sought by such person. 19 § 6360-g. Immigration authorities as interpreters prohibited. No New 20 York state university police officer or employee shall use immigration 21 authorities as interpreters for law enforcement matters relating to 22 individuals being interviewed, interrogated, investigated, or taken into 23 custody. 24 § 6360-h. Written consent for interview. 1. In any instance in which 25 immigration authorities are permitted access to an individual in the 26 custody of a New York state university police officer or employee for 27 the purpose of being interviewed, the officer or employee shall provide 28 the individual with a written consent form that explains the purpose of 29 the interview, that the interview is voluntary, and that they may 30 decline to be interviewed or may choose to be interviewed with their 31 attorney present. The written consent form shall be provided in English, 32 Spanish, and the five other most widely spoken languages among students 33 attending the state university of New York. 34 2. After providing an individual in custody with a written consent 35 form pursuant to subdivision one of this section, an officer or employee 36 shall keep a written record of whether the individual declined an inter- 37 view, consented to an interview, or asked for an attorney to be present 38 at the interview, and whether an interview occurred. The office or agen- 39 cy employing such officer or employee shall maintain all such written 40 records and shall compile an annual summary identifying the number of 41 requests for interviews received and whether each individual declined 42 the interview, consented to the interview, or asked for an attorney to 43 be present at the interview, and how many interviews occurred. Such 44 summary shall not include the personally identifiable information of any 45 individual in custody, and shall be a public record. 46 § 6360-i. Receipt of information regarding citizenship. The provisions 47 of this article shall not prohibit New York state university police 48 officers or employees from sending or receiving information regarding an 49 individual's citizenship or immigration status to or from any local, 50 state, or federal agency. 51 § 6360-j. Compliance with court orders and judicial warrants. The 52 provisions of this article shall not prohibit officers or employees from 53 complying with valid court orders or judicial warrants issued by an 54 independent judge appointed pursuant to Article III of the United States 55 constitution or federal magistrate judge appointed pursuant to 28 USC § 56 631. 
 A. 9366 4 1 § 6360-k. Application of laws. The provisions of this article shall 2 apply notwithstanding any other provisions of state or local law and 3 shall not be construed to in any way expand the authority of state 4 employees to participate in immigration enforcement. 5 § 3. The education law is amended by adding a new article 128-A to 6 read as follows: 7 ARTICLE 128-A 8 RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY UNIVERSITY EMPLOYEES 9 Section 6365. Restrictions on immigration enforcement by university 10 employees. 11 § 6365. Restrictions on immigration enforcement by university employ- 12 ees. 1. No university employee shall use university resources, includ- 13 ing but not limited to time spent while on duty or any state university 14 property, for immigration enforcement purposes. 15 2. No university employee shall disclose to immigration authorities an 16 individual's personally identifiable information, including, but not 17 limited to, a person's name, social security number, physical 18 description, home address, telephone number, financial information, 19 medical information, place of employment or education. 20 3. No university employee shall inquire about or collect evidence 21 regarding a person's citizenship, immigration status, nationality, or 22 country of origin, unless required by law or necessary to administer a 23 university program or benefit sought by that person. 24 4. No university employee shall question, investigate, or interrogate 25 an individual solely on the basis of an immigration detainer, a civil 26 immigration warrant, or an actual or suspected violation of immigration 27 law. 28 5. No university employee shall permit non-local law enforcement agen- 29 cies to access non-public areas of property or facilities owned by or 30 under the control of the state unless presented with a judicial warrant 31 signed by a judge or independent magistrate authorizing a search or 32 seeking the arrest of an individual present at the time the judicial 33 warrant is presented. 34 6. No university employee shall enter a person's immigration status 35 into any database maintained by any state entity unless required or 36 necessary to administer a public program or benefit sought by that 37 person. 38 7. No university employee shall use immigration authorities as inter- 39 preters for law enforcement matters relating to individuals such enti- 40 ties or employees interact with as part of their employment duties. 41 8. All requests for assistance made by immigration authorities to 42 university employees acting in the course of their duties and all other 43 communications between university employees and immigration authorities 44 shall be recorded. Each university campus shall issue an annual report 45 listing the number of such requests or communications and stating the 46 content and outcome of each request or communication, which shall be 47 promptly delivered to the office of the attorney general and which shall 48 be a public record. 49 9. This section shall not prohibit university employees from sending 50 or receiving information regarding an individual's citizenship or immi- 51 gration status to or from any local, state, or federal agency. 52 10. The provisions of this article shall not prohibit university 53 employees from complying with valid court orders or judicial warrants 54 issued by an independent judge appointed pursuant to Article III of the 
 A. 9366 5 1 United States constitution or federal magistrate judge appointed pursu- 2 ant to 28 USC § 631. 3 11. The provisions of this article shall apply notwithstanding any 4 other provisions of state or local law and shall not be construed to in 5 any way expand the authority of state employees to participate in immi- 6 gration enforcement. 7 § 4. The education law is amended by adding a new article 125-C to 8 read as follows: 9 ARTICLE 125-C 10 PROCEDURES FOR CITY UNIVERSITY OF NEW YORK DEPARTMENT OF PUBLIC SAFETY 11 OFFICERS AND EMPLOYEES PERTAINING TO IMMIGRATION ENFORCEMENT 12 Section 6240. Duties of city university of New York department of 13 public safety officers and employees; immigration. 14 6240-a. Direction by immigration authorities. 15 6240-b. Immigration detainer; questioning, investigation or 16 interrogation prohibited. 17 6240-c. Inquiry into and collection of information about citi- 18 zenship or immigration status prohibited. 19 6240-d. Notification of immigration authorities prohibited. 20 6240-e. Transfer of custody to immigration authorities. 21 6240-f. Entry of immigration status into a database. 22 6240-g. Immigration authorities as interpreters prohibited. 23 6240-h. Written consent for interview. 24 6240-i. Receipt of information regarding citizenship. 25 6240-j. Compliance with court orders and judicial warrants. 26 6240-k. Application of laws. 27 § 6240. Duties of city university of New York department of public 28 safety officers and employees; immigration. The duties and authority of 29 city university of New York department of public safety officers and 30 employees shall not include authority to engage in immigration enforce- 31 ment. City university of New York department of public safety officers 32 and employees shall not use university resources or public resources for 33 immigration enforcement. 34 § 6240-a. Direction by immigration authorities. No city university of 35 New York department of public safety officers or employees shall be 36 subject to the direction or supervision of immigration authorities. No 37 city university of New York department of public safety officer or 38 employee shall participate in or be subject to any agreement for the 39 purpose of immigration enforcement. 40 § 6240-b. Immigration detainer; questioning, investigation or interro- 41 gation prohibited. No city university of New York department of public 42 safety officer or employee shall question, investigate, or interrogate 43 an individual solely on the basis of an immigration detainer, a civil 44 immigration warrant, or an actual or suspected violation of immigration 45 law. 46 § 6240-c. Inquiry into and collection of information about citizenship 47 or immigration status prohibited. 1. No city university of New York 48 department of public safety officer or employee shall inquire about a 49 person's citizenship, immigration status, nationality, or country of 50 origin, unless required by law or necessary to administer a public 51 program or benefit sought by that person. 52 2. No city university of New York department of public safety officer 53 or employee shall collect information regarding citizenship, immigration 54 status, nationality, or country of origin, unless required by law or 
 A. 9366 6 1 necessary to administer a public program or benefit sought by that 2 person. 3 § 6240-d. Notification of immigration authorities prohibited. No city 4 university of New York department of public safety officer or employee 5 shall notify or otherwise communicate with immigration authorities 6 regarding: 7 1. the date, time, or location that an individual will be released 8 from custody; 9 2. the time, date, or location of an individual's court appearance; or 10 3. any other information available to officers or employees through or 11 as a result of such employment as a city university of New York depart- 12 ment of public safety officer or employee. 13 § 6240-e. Transfer of custody to immigration authorities. No city 14 university of New York department of public safety officer or employee 15 shall transfer or facilitate the transfer of individuals in their custo- 16 dy to the custody of immigration authorities absent a valid court order 17 or judicial warrant issued by an independent judge appointed pursuant to 18 Article III of the United States constitution or federal magistrate 19 judge appointed pursuant to 28 USC § 631 commanding the arrest of such 20 individual. 21 § 6240-f. Entry of immigration status into a database. No city univer- 22 sity of New York department of public safety officer or employee shall 23 enter a person's immigration status into any database maintained by any 24 government entity unless required or necessary to administer a public 25 program or benefit sought by such person. 26 § 6240-g. Immigration authorities as interpreters prohibited. No city 27 university of New York department of public safety officer or employee 28 shall use immigration authorities as interpreters for law enforcement 29 matters relating to individuals being interviewed, interrogated, inves- 30 tigated, or taken into custody. 31 § 6240-h. Written consent for interview. 1. In any instance in which 32 immigration authorities are permitted access to an individual in the 33 custody of a city university of New York department of public safety 34 officer or employee for the purpose of being interviewed, the officer or 35 employee shall provide the individual with a written consent form that 36 explains the purpose of the interview, that the interview is voluntary, 37 and that they may decline to be interviewed or may choose to be inter- 38 viewed with their attorney present. The written consent form shall be 39 provided in English, Spanish, and the five other most widely spoken 40 languages among students attending the city university of New York. 41 2. After providing an individual in custody with a written consent 42 form pursuant to subdivision one of this section, an officer or employee 43 shall keep a written record of whether the individual declined an inter- 44 view, consented to an interview, or asked for an attorney to be present 45 at the interview, and whether an interview occurred. The office or agen- 46 cy employing such officer or employee shall maintain all such written 47 records and shall compile an annual summary identifying the number of 48 requests for interviews received and whether each individual declined 49 the interview, consented to the interview, or asked for an attorney to 50 be present at the interview, and how many interviews occurred. Such 51 summary shall not include the personally identifiable information of any 52 individual in custody, and shall be a public record. 53 § 6240-i. Receipt of information regarding citizenship. The provisions 54 of this article shall not prohibit city university of New York depart- 55 ment of public safety officers or employees from sending or receiving 
 A. 9366 7 1 information regarding an individual's citizenship or immigration status 2 to or from any local, state, or federal agency. 3 § 6240-j. Compliance with court orders and judicial warrants. The 4 provisions of this article shall not prohibit officers or employees from 5 complying with valid court orders or judicial warrants issued by an 6 independent judge appointed pursuant to Article III of the United States 7 constitution or federal magistrate judge appointed pursuant to 28 USC § 8 631. 9 § 6240-k. Application of laws. The provisions of this article shall 10 apply notwithstanding any other provisions of state or local law and 11 shall not be construed to in any way expand the authority of state 12 employees to participate in immigration enforcement. 13 § 5. The education law is amended by adding a new article 125-D to 14 read as follows: 15 ARTICLE 125-D 16 RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY CITY UNIVERSITY OF NEW YORK 17 EMPLOYEES 18 Section 6242. Restrictions on immigration enforcement by city university 19 of New York employees. 20 § 6242. Restrictions on immigration enforcement by city university of 21 New York employees. 1. No city university employee shall use city 22 university resources, including but not limited to time spent while on 23 duty or any city university of New York property, for immigration 24 enforcement purposes. 25 2. No city university employee shall disclose to immigration authori- 26 ties an individual's personally identifiable information, including, but 27 not limited to, a person's name, social security number, physical 28 description, home address, telephone number, financial information, 29 medical information, place of employment or education. 30 3. No city university employee shall inquire about or collect evidence 31 regarding a person's citizenship, immigration status, nationality, or 32 country of origin, unless required by law or necessary to administer a 33 university program or benefit sought by that person. 34 4. No city university employee shall question, investigate, or inter- 35 rogate an individual solely on the basis of an immigration detainer, a 36 civil immigration warrant, or an actual or suspected violation of immi- 37 gration law. 38 5. No city university employee shall permit non-local law enforcement 39 agencies to access non-public areas of property or facilities owned by 40 or under the control of the state unless presented with a judicial 41 warrant signed by a judge or independent magistrate authorizing a search 42 or seeking the arrest of an individual present at the time the judicial 43 warrant is presented. 44 6. No city university employee shall enter a person's immigration 45 status into any database maintained by any state entity unless required 46 or necessary to administer a public program or benefit sought by that 47 person. 48 7. No city university employee shall use immigration authorities as 49 interpreters for law enforcement matters relating to individuals such 50 entities or employees interact with as part of their employment duties. 51 8. All requests for assistance made by immigration authorities to city 52 university employees acting in the course of their duties and all other 53 communications between city university employees and immigration author- 54 ities shall be recorded. Each city university campus shall issue an 
 A. 9366 8 1 annual report listing the number of such requests or communications and 2 stating the content and outcome of each request or communication, which 3 shall be promptly delivered to the office of the attorney general and 4 which shall be a public record. 5 9. This section shall not prohibit city university employees from 6 sending or receiving information regarding an individual's citizenship 7 or immigration status to or from any local, state, or federal agency. 8 10. The provisions of this article shall not prohibit city university 9 employees from complying with valid court orders or judicial warrants 10 issued by an independent judge appointed pursuant to Article III of the 11 United States constitution or federal magistrate judge appointed pursu- 12 ant to 28 USC § 631. 13 11. The provisions of this article shall apply notwithstanding any 14 other provisions of state or local law and shall not be construed to in 15 any way expand the authority of state employees to participate in immi- 16 gration enforcement. 17 § 6. The executive law is amended by adding a new section 63-e to read 18 as follows: 19 § 63-e. Immigration status reports and databases. 1. The office of the 20 attorney general shall review all reports provided to it pursuant to 21 articles one hundred twenty-five-C, one hundred twenty-five-D, one 22 hundred twenty-eight and one hundred twenty-eight-A of the education law 23 and prepare an annual summary of such reports, which shall also identify 24 any alleged omissions or discrepancies in the reported information and 25 any information that may indicate a violation of state law. Such summary 26 shall be a public record. 27 2. The office of the attorney general shall establish a system to 28 solicit and receive complaints from the public about improper use of 29 resources by state or local entities or employees for immigration 30 enforcement and improper sharing of information by state or local enti- 31 ties or employees with immigration authorities. The attorney general 32 shall investigate all such complaints to determine whether a violation 33 of state law occurred, and may bring civil actions against the state 34 university of New York, the city university of New York, their campuses, 35 or employees acting in their official capacity in the name of the people 36 of the state of New York to obtain appropriate equitable or declaratory 37 relief if the attorney general determines that a violation of state law 38 occurred. 39 3. For any databases operated by the state university of New York or 40 the city university of New York state and local law enforcement agen- 41 cies, including databases maintained for the agency by private vendors, 42 the attorney general shall, by the first of January following the effec- 43 tive date of this section, in consultation with appropriate stakehold- 44 ers, publish guidance, audit criteria, and training recommendations 45 aimed at ensuring that such databases are governed in a manner that 46 limits the availability of information contained therein, to the fullest 47 extent practicable and consistent with federal and state law, to anyone 48 or any entity for the purpose of immigration enforcement. All state and 49 local law enforcement agencies are encouraged to adopt necessary changes 50 to database governance policies consistent with such guidance. 51 § 7. This act shall take effect immediately.