BILL NUMBER: S3657

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 will allow New York citizens to decide whether the state
should adopt sanctuary status through a ballot referendum during the
2026 general election. By shifting decision-making authority from the
Governor to the people, residents directly impacted by Executive Order
170 will have the chance to maintain or repeal it.

 
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 officers 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 20 1. 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 docu-
ments 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 2026 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 2026
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 gover-
nor under specific constraints, primarily for emergency 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 which established sanctuary
state status in New York, prohibiting state law enforcement agencies
from cooperating with federal immigration law enforcement.  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 emergency for asylum seekers. This
action was prompted by the expiration of Federal Title 42 in May 2023,
which had previously permitted U.S.  officials 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 resi-
dents 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 2026 general
election.

 
LEGISLATIVE HISTORY:

2024: S9613 Referred to Judiciary

2024: To Attorney General for Opinion

2024: Opinion Referred to Judiciary

 
EFFECTIVE DATE:
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
2026 in accordance with the provisions of the election law.