BILL NUMBER: S746

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the executive law, in relation to guidance to facilities
and programs overseen by state agencies on interactions with Federal
immigration authorities

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that facilities and programs that are overseen by state agen-
cies receive accurate guidance on how to respond to requests by Federal
immigration authorities for access to individuals who are residents or
participants in such facilities or programs or for records or other
information pertaining to such persons

 
SUMMARY OF SPECIFIC PROVISIONS:

Bill § 1 adds a new paragraph (n) to subdivision 5 of Executive Law §
94-b to make it a power and responsibility of the Office for New Ameri-
cans (ONA) to assist state agencies in the preparation of guidance to be
              

disseminated to facilities and programs overseen by such agencies
concerning inquiries from Federal immigration authorities seeking access
to individuals residing or participating in such facilities or programs,
or to records or other information regarding such persons.

Section two: Effective date.

 
JUSTIFICATION:

This bill would assist facilities and programs that are overseen by
state agencies to better understand their legal responsibilities regard-
ing requests by Federal immigration authorities for access to residents
or program participants or for records or other information on such
persons. Earlier this year, in response to recent Federal immigration
actions the State Education Commissioner and Attorney General issued
guidance to school districts on how to respond to requests by immi-
gration authorities for information on students.  Similar guidance
should be made available to facilities and programs that operate under
the auspices of other state agencies.

For example, it was reported recently that immigration agents in another
state detained an asylum seeker in a hospital awaiting surgery for a
brain tumor. They allegedly refused to let her speak to her family and
ordered the hospital to remove her name from the patient list. In New
York guidance would help a health care facility determine how to proceed
in such a case to avoid a violation of the patient's rights under our
state law and regulations.

This bill provides for the Office of New Americans, which has expertise
in immigration-related matters, to assist state agencies in developing
accurate guidance to be disseminated to facilities and programs under
their jurisdiction that may need it. This will help ensure that these
entities are not exposed to legal liability by abetting abusive and
unauthorized practices.

 
PRIOR LEGISLATIVE HISTORY:

S.2197 of 2021-22, Referred to Finance;

S.5345 of 2019-20, Referred to Finance;

A.7932 of 2017-18, Referred to Governmental Operations

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Sixtieth day after becoming law.