Assembly Bill A4125

2009-2010 Legislative Session

Provides for cooperation between police agencies and the United States bureau of immigration and customs enforcement

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A4125 (ACTIVE) - Details

See Senate Version of this Bill:
S6806
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add ยง838-a, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A2477

2009-A4125 (ACTIVE) - Summary

Provides for cooperation between police agencies and the United States bureau of immigration and customs enforcement regarding any person who is arrested under state law and who is reasonably suspected of being present in the United States in violation of federal immigration laws; prohibits any administrative or other action by localities to prevent or limit such cooperation.

2009-A4125 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4125

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M. of A. CLARK, GABRYSZAK, FIELDS, WALKER -- Multi-Spon-
  sored by -- M. of A.  BACALLES, BALL, CALHOUN, COLTON, CROUCH,  GALEF,
  GIGLIO, KOLB, MAISEL, MAYERSOHN, McDONOUGH, THIELE, WEISENBERG -- read
  once and referred to the Committee on Governmental Operations

AN  ACT  to  amend the executive law, in relation to cooperation between
  police agencies and  the  United  States  bureau  of  immigration  and
  customs enforcement

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section  838-a
to read as follows:
   S  838-A.  COOPERATION  BETWEEN POLICE AGENCIES AND THE UNITED STATES
BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT.  1. EVERY  POLICE  AGENCY
IN  THE  STATE  AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHT HUNDRED
THIRTY-FIVE OF THIS ARTICLE,  SHALL  FULLY  COOPERATE  WITH  THE  UNITED
STATES  BUREAU  OF  IMMIGRATION  AND  CUSTOMS  ENFORCEMENT REGARDING ANY
PERSON WHO IS ARRESTED UNDER STATE LAW AND WHO IS  REASONABLY  SUSPECTED
OF  BEING  PRESENT  IN  THE  UNITED STATES IN VIOLATION OF FEDERAL IMMI-
GRATION LAWS.
   2. WITH RESPECT TO ANY SUCH PERSON WHO IS  SO  ARRESTED  AND  WHO  IS
REASONABLY  SUSPECTED OF BEING PRESENT IN THE UNITED STATES IN VIOLATION
OF FEDERAL IMMIGRATION LAWS, EVERY LAW ENFORCEMENT AGENCY SHALL  DO  THE
FOLLOWING:
   (A) ATTEMPT TO VERIFY THE STATUS OF SUCH PERSON AS ONE OF THE FOLLOW-
ING:
   (I) A CITIZEN OF THE UNITED STATES;
   (II) AN ALIEN LAWFULLY ADMITTED AS A PERMANENT RESIDENT;
   (III) AN ALIEN LAWFULLY ADMITTED FOR A TEMPORARY PERIOD OF TIME;
   (IV)  A  PERSON  WHO  IS OTHERWISE AUTHORIZED UNDER FEDERAL LAW TO BE
PRESENT IN THE UNITED STATES; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07151-01-9

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