NY State Senate Bill 2025-S3649

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2025	reference changed to investigations and government operations
Jan 29, 2025	referred to veterans, homeland security and military affairs

co-Sponsors

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2025-S3649 (ACTIVE) - Details

See Assembly Version of this Bill:: A5801
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §709, Exec L; add §139-f, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S6964, A7706

2025-S3649 (ACTIVE) - Summary

Requires that local governments comply with a detainer request issued by a federal law enforcement agency; requires that such local government not interfere with the ability of federal law enforcement officials to conduct enforcement activities at municipal or county jails in furtherance of their duty to enforce federal laws.

2025-S3649 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3649

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the executive law and the general municipal law, in
relation to prohibiting local government action which prevents the
enforcement of federal laws

 
PURPOSE:

This bill, which shall be known as the New Yorkers Combating Alien Reci-
divism and Ending Sanctuary (NY CARES) Act, prohibits local governments
and entities thereof, including sheriffs departments, municipal police
departments and district attorney's offices, from adopting laws or poli-
cies which impede or interfere with the enforcement of federal immi-
gration laws.

 
SUMMARY OF PROVISIONS:

Sections One amends paragraphs (s) and (t) of subdivision 2 of section
709 of the executive law and adds a new paragraph (u) relating to the

powers and duties of the Commissioner of the Division of Homeland

Security and Emergency Services. This new paragraph requires the commis-
sioner to develop a plan to ensure that no local government adopts any
law or policy which serves to impede or interfere with the enforcement
of federal immigration laws.

Section 2 adds a new section 139-f to the general municipal law, prohib-
iting a local government from adopting a law or policy which interferes
with the enforcement of federal immigration laws.

Section 3 adds a severability clause. Section 4 provides the effective
date.

 
JUSTIFICATION:

This bill will be known as the NY CARES Act (New Yorkers Combating Alien
Recidivism and Ending Sanctuary).  With the federal Title 42 law expira-
tion, New York state and many jurisdictions therein have declared a
state of emergency due to the anticipated influx of illegal immigrants.
Within days -- and even before the official expiration of Title 42--jur-
isdictions in the state have acted to provide sanctuary to illegal immi-
grants, sometimes at the detriment of other New York residents.

Criminals are pouring over the southern U.S. border now, and many are
being bused to municipalities all across the state. Local governments
are ill-equipped to handle this influx, and in fact have admittedly
declared the various states of emergency due to their incapacity to deal
with it.

Alarmingly, illegal gangs and drug activity will increase with this
influx making problems like the fentanyl crisis in our communities
increase exponentially.

However well intentioned, it is clear that local policies of non-cooper-
ation with federal detention requests puts innocent lives at risk and
should be abandoned. Our local law enforcement agencies should not be
providing sanctuary to any person who is in their custody, who is also
the subject of a detention order issued by any federal law enforcement
agency.

Also, local governments should not be picking and choosing which federal
laws or agencies that they wish to cooperate with, and those which they
wish to obstruct.  This bill is urgently needed to ensure that local
laws will not be put into place that will hinder the enforcement of
federal immigration laws.

 
LEGISLATIVE HISTORY:

2024: S6964 - Referred to Veterans, Homeland Security, and Military
Affairs

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3649 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3649
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sens.  MURRAY, BORRELLO, CANZONERI-FITZPATRICK, MATTERA,
   OBERACKER, ORTT, RHOADS, TEDISCO,  WEIK  --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Veter-
   ans, Homeland Security and Military Affairs
 
 AN ACT to amend the executive law and  the  general  municipal  law,  in
   relation  to  prohibiting  local  government action which prevents the
   enforcement of federal laws
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (s) and (t) of subdivision 2 of section 709 of
 the executive law, paragraph (s) as amended and paragraph (t)  as  added
 by  section  14 of part B of chapter 56 of the laws of 2010, are amended
 and paragraph (u) of subdivision 2 is relettered paragraph (v) and a new
 paragraph (u) is added to read as follows:
   (s) work in consultation with or make recommendations to  the  commis-
 sioner  of  agriculture  and markets in developing rules and regulations
 relating to ammonium nitrate security; [and]
   (t) develop, maintain, and deploy state, regional and local all-hazard
 incident management teams[.]; AND
   (U) DEVELOP A PLAN, IN CONJUNCTION WITH THE STATE POLICE, TO DETERMINE
 WHETHER A COUNTY, CITY, TOWN OR VILLAGE, ANY AGENCY, OFFICE,  DEPARTMENT
 OR AUTHORITY THEREOF, INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE
 DEPARTMENT  OR  DISTRICT  ATTORNEY'S  OFFICE  IS  IN COMPLIANCE WITH THE
 REQUIREMENTS OF SECTION ONE HUNDRED THIRTY-NINE-F OF THE GENERAL MUNICI-
 PAL LAW. TOGETHER, THE COMMISSIONER  AND  SUPERINTENDENT  OF  THE  STATE
 POLICE SHALL COMPILE A LIST OF LOCAL GOVERNMENT ENTITIES THAT ARE DEEMED
 TO  BE  IN VIOLATION OF SECTION ONE HUNDRED THIRTY-NINE-F OF THE GENERAL
 MUNICIPAL LAW.  THIS  LIST  SHALL  BE  UPDATED  MONTHLY,  AND  SHALL  BE
 FORWARDED TO THE COMPTROLLER.
   §  2.  The  general  municipal  law is amended by adding a new section
 139-f to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07553-01-5

 S. 3649                             2
 
   § 139-F. PROHIBITION AGAINST LOCAL GOVERNMENT  ACTION  PREVENTING  THE
 ENFORCEMENT  OF  FEDERAL  LAWS.  1. IN ACCORDANCE WITH ARTICLES NINE AND
 THIRTEEN OF THE CONSTITUTION, NO COUNTY, CITY, TOWN OR VILLAGE,  OR  ANY
 AGENCY,  OFFICE,  DEPARTMENT OR AUTHORITY THEREOF, INCLUDING A SHERIFF'S
 DEPARTMENT,  MUNICIPAL POLICE DEPARTMENT, OR DISTRICT ATTORNEY'S OFFICE,
 OR THE GOVERNING BODY THEREOF, SHALL ADOPT ANY RULE,  ORDER,  ORDINANCE,
 LOCAL  LAW  OR  POLICY,  EITHER  FORMALLY  OR INFORMALLY, PROHIBITING OR
 INHIBITING THE FOLLOWING:
   (A) THE COMPLIANCE WITH A DETAINER REQUEST ISSUED  BY  A  FEDERAL  LAW
 ENFORCEMENT AGENCY, PERTAINING TO AN INDIVIDUAL LAWFULLY DETAINED BY THE
 LOCAL GOVERNMENT ENTITY; OR
   (B)  THE  ABILITY  OF  FEDERAL  LAW ENFORCEMENT OFFICIALS TO ENTER AND
 CONDUCT ENFORCEMENT ACTIVITIES AT A MUNICIPAL OR COUNTY JAIL, IN  FURTH-
 ERANCE OF THEIR DUTY TO ENFORCE FEDERAL LAWS.
   2.  FOR  PURPOSES  OF THIS SECTION, A "FEDERAL LAW ENFORCEMENT AGENCY"
 INCLUDES THE:
   (A) UNITED STATES CENTRAL INTELLIGENCE AGENCY,
   (B) UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
   (C) UNITED STATES DEPARTMENT OF JUSTICE,
   (D) UNITED STATES DRUG ENFORCEMENT ADMINISTRATION,
   (E) FEDERAL AIR MARSHAL SERVICE,
   (F) FEDERAL BUREAU OF INVESTIGATION,
   (G) FEDERAL EMERGENCY MANAGEMENT AGENCY,
   (H) FEDERAL PROTECTIVE SERVICE,
   (I) UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT,
   (J) NATIONAL PARK SERVICE,
   (K) UNITED STATES SECRET SERVICE,
   (L) TRANSPORTATION SECURITY ADMINISTRATION,
   (M) UNITED STATES COAST GUARD,
   (N) UNITED STATES CUSTOMS AND BORDER PROTECTION, AND
   (O) UNITED STATES MARSHALS.
   3. (A) A PERSON SHALL NOT BE CONSIDERED TO  BE  LAWFULLY  DETAINED  IF
 SUCH  CONTACT  WITH  LAW  ENFORCEMENT  IS FOR THE PURPOSE OF REPORTING A
 CRIME OR SUSPECTED CRIMINAL ACTIVITY, OR WHEN THE PURPOSE IS  TO  ASSIST
 LAW ENFORCEMENT WITH AN INVESTIGATION.
   (B)  THIS  SECTION  SHALL  NOT  APPLY  TO ANY SCHOOL DISTRICT, CHARTER
 SCHOOL OR MUNICIPAL HEALTH SERVICES FACILITY.
   4. (A) NO STATE FUNDING SHALL BE  APPROPRIATED  OR  DISBURSED  TO  ANY
 COUNTY,  CITY,  TOWN  OR  VILLAGE,  OR ANY AGENCY, OFFICE, DEPARTMENT OR
 AUTHORITY THEREOF, INCLUDING A SHERIFF'S  DEPARTMENT,  MUNICIPAL  POLICE
 DEPARTMENT  OR DISTRICT ATTORNEY'S OFFICE, DETERMINED TO BE IN VIOLATION
 OF THIS SECTION, PURSUANT TO PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION
 SEVEN HUNDRED NINE OF THE EXECUTIVE LAW.
   (B) THE COMPTROLLER SHALL, PRIOR TO THE DISBURSEMENT  OR  DELIVERY  OF
 ANY  STATE  FUNDS,  TO  A  COUNTY, CITY, TOWN OR VILLAGE, OR ANY AGENCY,
 OFFICE, DEPARTMENT OR AUTHORITY THEREOF, VERIFY THAT THE RECEIVING ENTI-
 TY HAS NOT BEEN DETERMINED TO  BE  IN  VIOLATION  OF  THIS  SECTION,  IN
 ACCORDANCE  WITH  THE MOST RECENT LISTING RECEIVED PURSUANT TO PARAGRAPH
 (U) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED NINE  OF  THE  EXECUTIVE
 LAW.
   §  3. If any clause, sentence, paragraph, subdivision, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment  shall not affect, impair or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence, paragraph,  subdivision,  section  or  part  thereof  directly
 involved  in  the  controversy  in  which  such judgment shall have been
 S. 3649                             3
 
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   § 4. This act shall take effect immediately.

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Senate Bill S3649

Sponsored By

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2025-S3649 (ACTIVE) - Details

2025-S3649 (ACTIVE) - Summary

2025-S3649 (ACTIVE) - Sponsor Memo

2025-S3649 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3649

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Sponsored By

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2025-S3649 (ACTIVE) - Details

2025-S3649 (ACTIVE) - Summary

2025-S3649 (ACTIVE) - Sponsor Memo

2025-S3649 (ACTIVE) - Bill Text download pdf

Comments