S T A T E   O F   N E W   Y O R K
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                                  2477

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced  by  M. of A. CLARK, GABRYSZAK -- Multi-Sponsored by -- M. of
  A. CALHOUN, COLTON, CROUCH, GALEF, GIGLIO,  KOLB,  MAISEL,  MAYERSOHN,
  McDONOUGH, THIELE, WEISENBERG -- read once and referred to the Commit-
  tee 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.
                                                           LBD06592-01-1

              

A. 2477                             2

   (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.
   (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.