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

                                  6806

                            I N  S E N A T E

                            February 9, 2010
                               ___________

Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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
   (V)  AN  ALIEN  WHO  IS  PRESENT IN THE UNITED STATES IN VIOLATION OF
FEDERAL IMMIGRATION LAWS.
   THE VERIFICATION PROCESS MAY INCLUDE, BUT SHALL NOT  BE  LIMITED  TO,
QUESTIONING  THE  PERSON REGARDING HIS PLACE AND DATE OF BIRTH AND ENTRY
INTO THE UNITED STATES AND REQUESTING TO  SEE  DOCUMENTATION  INDICATING
HIS LEGAL STATUS.

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

                                                           LBD07151-01-9

S. 6806                             2

   (B)  NOTIFY  THE  PERSON  OF  HIS SUSPECTED STATUS AS AN ALIEN WHO IS
PRESENT IN THE UNITED STATES IN VIOLATION OF FEDERAL IMMIGRATION LAWS.
   (C) NOTIFY THE ATTORNEY GENERAL AND THE UNITED STATES BUREAU OF IMMI-
GRATION AND CUSTOMS ENFORCEMENT OF SUCH PERSON'S SUSPECTED ILLEGAL IMMI-
GRATION  STATUS  AND  PROVIDE  ANY  ADDITIONAL  INFORMATION  THAT MAY BE
REQUESTED BY ANY OTHER PUBLIC ENTITY.
   3. ANY LEGISLATIVE, ADMINISTRATIVE OR OTHER ACTION BY A CITY,  COUNTY
OR  OTHER  LOCAL GOVERNMENTAL ENTITY, OR BY A LAW ENFORCEMENT AGENCY, TO
PREVENT OR LIMIT THE COOPERATION REQUIRED BY SUBDIVISION ONE    OF  THIS
SECTION SHALL BE PROHIBITED.
   4.  WHENEVER A STATE, CITY, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY
REPORTS A PERSON WHO IS SUSPECTED OF BEING PRESENT IN THE UNITED  STATES
IN  VIOLATION  OF FEDERAL IMMIGRATION LAWS TO THE ATTORNEY GENERAL, THAT
REPORT SHALL BE TRANSMITTED TO THE UNITED STATES BUREAU  OF  IMMIGRATION
AND  CUSTOMS ENFORCEMENT.  THE ATTORNEY GENERAL SHALL BE RESPONSIBLE FOR
MAINTAINING COMPLETE AND ACCURATE RECORDS OF  SUCH  REPORTS,  AND  SHALL
PROVIDE  ANY  ADDITIONAL  INFORMATION THAT MAY BE REQUESTED BY ANY OTHER
GOVERNMENT ENTITY.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.