S 8858: Requires the creation of an immigration enforcement activity transparency dashboard, which shall be made publicly available, to track certain information relating to immigration authorities activities within New York state.

  
  STATE OF NEW YORK ________________________________________________________________________ 8858  IN SENATE January 9, 2026 ___________ Introduced by Sens. FAHY, COMRIE, FERNANDEZ, KRUEGER, LIU, MAY, MAYER, RAMOS, RIVERA, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the executive law, in relation to enacting the "report- ing of arrests, detentions, actions and removals by immigration enforcement (RADAR) 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 "reporting of arrests, detentions, actions and removals by immi- 3 gration enforcement (RADAR) act". 4 § 2. The executive law is amended by adding a new section 837-z to 5 read as follows: 6 § 837-z. Immigration enforcement activity transparency dashboard. 1. 7 For the purposes of this section, the following terms shall have the 8 following meanings: 9 (a) "Dashboard" means the immigration enforcement activity dashboard 10 created pursuant to subdivision two of this section. 11 (b) "Immigration authorities" means any federal agency or officer 12 engaged in immigration enforcement including, but not limited to, the 13 United States immigration and customs enforcement agency, enforcement 14 and removal operations, homeland security investigations, customs and 15 border protection, and any joint federal-state task force engaged in 16 immigration enforcement. 17 (c) "Immigration enforcement action" means any civil or criminal 18 enforcement activity conducted by immigration authorities within the 19 state of New York, including, but not limited to, arrests, detainers, 20 notifications, interviews, service of administrative warrants, surveil- 21 lance, transportation, custody pickups, transfers, and at-large, court- 22 house, hospital, jail, workplace, traffic-stop, or home encounters. 23 (d) "Contact" means any communication, notification, request, inquiry, 24 exchange of information, appearance, in-person visit, digital communi- 25 cation, meeting, or request for assistance initiated by or between immi- 26 gration authorities and a state or local agency. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14060-04-5 
 S. 8858 2 1 (e) "Cooperation" means any action taken by a state or local agency in 2 response to a contact that provides assistance to immigration authori- 3 ties, whether voluntary, compulsory, or claimed by such agency to be 4 mandated by federal law. 5 (f) "Agency" means any state agency, state or local law enforcement 6 agency, state or local correctional facility, or other public entity 7 with custodial, law enforcement, or regulatory authority. 8 2. (a) The division, in consultation with the department of state, the 9 department of corrections and community supervision, the office of 10 information technology services, and the office of the attorney general, 11 shall establish and maintain a publicly accessible online dashboard, 12 known as the "immigration enforcement activity dashboard". 13 (b) The immigration enforcement activity dashboard shall include, to 14 the extent available and legally permissible: 15 (i) a statewide system for logging all contact between agencies and 16 immigration authorities; 17 (ii) standards for the recording and classification of immigration 18 enforcement actions; 19 (iii) mandatory reporting by all agencies; and 20 (iv) a publicly accessible online dashboard displaying aggregate, 21 non-identifiable data as described in subdivision six of this section. 22 3. (a) Each agency shall record every immigration enforcement action, 23 contact, and instance of cooperation in a manner prescribed by the divi- 24 sion. 25 (b) Each agency shall, to the extent permitted by law, electronically 26 transmit the data described in this section to the division on a weekly 27 basis. 28 (c) The division shall develop a standardized statewide reporting 29 template, electronic interface, and definitions for use by all agencies. 30 (d) Such reports shall include, when applicable: the subject individ- 31 ual's race, gender, country of birth, and birth year; the date and time 32 that the subject individual was taken into custody; the location where 33 the subject individual was held or detained and any charges; the date 34 and time of the agency's receipt of the request; the requesting agency; 35 the nature of the request; immigration or criminal history indicated on 36 the request form; whether the request was accompanied by documentation 37 regarding immigration status or proceedings; whether there was a judi- 38 cial warrant; whether a copy of the request was provided to the subject 39 individual and, if so, the date and time of notification; whether the 40 subject individual requested to confer with counsel regarding the 41 request; the agency's response to the request, including any decision 42 not to fulfill the request; the date and time that federal authorities 43 took custody of, or were otherwise given access to, the subject individ- 44 ual; and the date and time of the subject individual's release from 45 agency custody. 46 (e) Such reports shall distinguish between: 47 (i) civil immigration enforcement activity; 48 (ii) criminal investigations conducted jointly with immigration 49 authorities; and 50 (iii) contacts or notifications where the agency took no action or 51 declined action. 52 (f) The division may incorporate: 53 (i) statewide agency reports; 54 (ii) existing federal public data or data released under the freedom 55 of information act; 
 S. 8858 3 1 (iii) validated aggregate data from academic or nonprofit entities; 2 and 3 (iv) any other lawful source of non-identifiable information. 4 (g) Nothing in this section shall be interpreted to authorize cooper- 5 ation with civil immigration enforcement or to limit existing prohibi- 6 tions in state or local law. Any documentation required in this section 7 shall not be construed as permission to engage in any act otherwise 8 prohibited. 9 4. The public dashboard shall include aggregated, non-identifying data 10 on immigration enforcement activity, including, but not limited to: 11 (a) the amount and type of immigration enforcement actions, categor- 12 ized by: arrest type, detainer type, location type, point of origin, 13 service of warrants, interviews, surveillance, custody pickups, trans- 14 fers, and at-large or custodial enforcement; 15 (b) geographic information describing clusters and locations of 16 enforcement activity, at the highest level of specificity permissible 17 for privacy and safety; 18 (c) the amount of contact received by agencies from immigration 19 authorities; 20 (d) the amount and type of responses, including whether cooperation 21 occurred, whether cooperation was voluntary, compulsory, or claimed to 22 be mandatory, and the rationale provided; 23 (e) any agencies initiating or receiving communication from immi- 24 gration authorities; 25 (f) any contracts, agreements, task-force memberships, or recurring 26 practices between immigration authorities and agencies; and 27 (g) annual and quarterly trends showing disparities or concentration 28 of enforcement across jurisdictions. 29 5. (a) The division shall promulgate rules and regulations, guidance, 30 compliance schedules, and corrective actions relating to immigration 31 authorities enforcement activities. 32 (b) Agencies that fail to report as required by this section may be 33 subject to: 34 (i) written notice and opportunity to correct the deficiency; 35 (ii) referral to the attorney general for enforcement; or 36 (iii) ineligibility for certain state grants administered by the divi- 37 sion until reporting compliance is restored. 38 (c) Failure to report pursuant to the provisions of this subdivision 39 shall not excuse an agency from compliance with state or local limits on 40 cooperation with immigration authorities. 41 6. (a) No personally identifying information shall be published or 42 shared through the dashboard. 43 (b) Data shall be aggregated to a minimum geographic level sufficient 44 to prevent the identification of any individual or household, consistent 45 with the personal privacy protection law and applicable federal privacy 46 standards. 47 7. The division and the attorney general may enter into memoranda of 48 understanding with community organizations, research institutions, or 49 advocacy groups to enhance data accuracy, methodological transparency, 50 and public engagement in the dashboard's design and evaluation. 51 8. The division shall submit an annual report to the governor, the 52 attorney general, the temporary president of the senate, and the speaker 53 of the assembly summarizing the data collected, notable trends, and any 54 recommendations for policy or operational improvements under this 55 section. 
 S. 8858 4 1 9. The division, in consultation with the attorney general and the 2 department of state, shall promulgate rules and regulations necessary to 3 effectuate the provisions of this section within one hundred eighty days 4 of the effective date of this section; provided, however, that nothing 5 shall preclude the division from collecting data prior to such promulga- 6 tion; and provided further that the dashboard shall be made publicly 7 available no later than twelve months after the effective date of this 8 section. 9 § 3. This act shall take effect immediately.