BILL NUMBER: S9613

SPONSOR: BORRELLO
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to the constitution, in relation to regulating the discovery and disclo-
sure of immigration status

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill regulates the discovery and disclosure of immigration status
by placing the question of whether New York State should become a sanc-
tuary state on a ballot referendum for consideration during the 2024
general election.

 
SUMMARY OF PROVISIONS:

Section 1: Article 20 of the constitution be renumbered article 21 and a
new article 20 be added. Article 20 shall read: Regulation of Discovery
and Disclosure of Immigration Status.

              

Section 1 of new article 20 shall define the terms, state entity,
noncitizen, and illegal activity.

Section 2 of new article 20 states that no state office or employees,
other than law enforcement officers, shall inquire about an individual's
immigration status unless; the status of such individuals is necessary
to determine such individual's eligibility for a program, benefit, or
the provision of a service; or the state officer or employee is required
by law to inquire about such individual's status.

Section 3 of new article 20 states no state officer or employees,
including law enforcement officers, shall disclose information to feder-
al immigration authorities for the purpose of federal civil immigration
enforcement, unless required by law.  Notwithstanding such prohibition,
this article shall not prohibit, or in any way restrict, and state
employee from sending to, or receiving from, federal immigration author-
ities, information regarding the citizenship or immigration status,
lawful, or unlawful, of any individual, as required by law.

Section 4 of new article 201. states no law enforcement officer shall
inquire about an individual's immigration status unless investigating
such individual's illegal activity, provided however that such inquiry
is relevant to the illegal activity under investigation. Nothing in this
article shall restrict law enforcement officers from seeking documents
for the purpose of identification following arrest.

2.Such prohibition against inquiring into status includes, but is not
limited to, when an individual approaches a law enforcement officer
seeking assistance, is the victim of a crime, or is a witness to a
crime.

3.Law enforcement officers shall not use resources, equipment, or
personnel for the purpose of detecting and apprehending any individual
suspected or wanted only for violating a civil immigration offense. Law
enforcement officers shall have no authority to take any police action
solely because an individual is an undocumented noncitizen, including

but not limited to identifying, questioning, detaining, or demanding to
inspect federal immigration documents.

Section 2: Resolved (if the concur), that the foregoing amendment be
submitted to the people for approval at the general elections to be held
in the year 2024 in accordance with the provisions of the election law.

 
JUSTIFICATION:

This legislation aims to present the issue of whether New York State
should adopt sanctuary status on a ballot referendum during the 2024
general election.  Allowing New York citizens to vote on this matter
would transfer decision-making power from the Governor to the people,
giving residents who are affected by this status the opportunity to
retain or revoke it.  Executive Order  170, which sanctions sanctuary
state status, which prohibits New York states law enforcement agencies
from cooperating with federal immigration law enforcement, and circum-
venting the checks and balances outlined in the NY Constitution, is a
directive that should be subject to the scrutiny of New York State citi-
zens.  The issuance of Executive Orders by the Governor must be
approached with careful consideration. According to the New York State
Constitution, the legislature holds the power to delegate temporary
authority to a governor under specific constraints, primarily for emer-
gency purposes. It's imperative that Executive Orders and emergency
powers are not used as a means to bypass the legislative process.

On September 15th, 2017. Governor Andrew Cuomo bypassed the legislative
process and signed Executive order  170 authorizing New York state to be
a sanctuary state. Since being in office, Governor Kathy Hochul has not
revoked the Executive Order put in place by Andrew Cuomo. Instead, she
enacted Executive Order  28 on May 9th, 2023, declaring a state of emer-
gency for asylum seekers. This action was prompted by the expiration of
Federal Title 42 in May 2023, which had previously permitted U.S. offi-
cials to reject migrants at the U.S.-Mexico border to prevent the spread
of Covid-19. Executive Order  28 has since been recurrently extended,
placing a strain on the residents of New York state, and persisting in
disregarding Constitutional constraints. The Legislature has refused to
take responsibility to end the executive abuse of power.

This legislation is essential to alleviate the challenges and strains
placed upon the citizens of New York by Executive Orders  170 and  28.
Its aim is to standardize and regulate the process of discovering and
disclosing immigration status. By proposing to include the question of
whether New York State should transition to a sanctuary state on the
ballot for the 2024 general election, it provides a democratic avenue
for residents to voice their opinions and participate in shaping signif-
icant policy decisions. This referendum mechanism ensures transparency,
accountability, and inclusivity in the decision-making process, allowing
for thorough consideration and debate on a matter of considerable impor-
tance to the community. It's our job as Legislatures to empower the
people of this state by allowing them to determine if New York should
continue to adopt sanctuary status in the upcoming 2024 general
election.