Proposed Int. No. 1077-A
By Council Members Encarnación, Hanif, Cabán, Avilés, Krishnan, Restler, De La Rosa, Nurse, Marte, Louis, Abreu, Ossé, P. Sanchez and Epstein
A Local Law to amend the administrative code of the city of New York, in relation to limiting the circumstances in which a person may be detained by the police department on a civil immigration detainer
Be it enacted by the Council as follows:
Section 1. Subdivision a of section 14-154 of the administrative code of the city of New York, as amended by local law number 228 for the year 2017 and local law number 63 for the year 2026, is amended to read as follows:
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. “Administrative warrant” shall mean an immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal or any other document that can form the basis for the arrest or detention of an individual for a civil immigration enforcement purpose, including, but not limited to, form i-200 “warrant for the arrest of alien,” form i-205 “warrant of removal/deportation,” or any predecessor successor form, and all wants, hits or requests contained in the “immigration violator file” of the database of the national crime information center of the federal bureau of investigation.
2[1]. “Civil immigration detainer” shall mean a detainer issued pursuant to 8 CFR § 287.7 or any similar federal request for detention of a person suspected of violating civil immigration law.
[2. “Convicted of a violent or serious crime” shall mean a judgment pursuant to section 1.20(15) of the criminal procedure law entered on a violent or serious crime, or a conviction under federal law or the law of another state that would constitute a “predicate felony conviction” pursuant to section 70.06(1)(b)(i) of the penal law provided that such conviction was for the equivalent of a violent or serious crime. A person shall not be considered convicted of a violent or serious crime if that person:
i. was adjudicated as a youthful offender, pursuant to article seven hundred twenty of the criminal procedure law, or a comparable status pursuant to federal law or the law of another state, or a juvenile delinquent, as defined by subdivision one of section 301.2 of the family court act, or a comparable status pursuant to federal law or the law of another state; or
ii. has not had a judgment pursuant to section 1.20(15) of the criminal procedure law entered against him or her on a violent or serious crime for at least five years prior to the date of the instant arrest, provided that any period of time during which the person was incarcerated for a violent or serious crime, between the time of the commission of such violent or serious crime and the instant arrest, shall be excluded in calculating such five year period and such five year period shall be extended by a period or periods equal to the time served under such incarceration, and further provided that for purposes of paragraph two of subdivision b of this section a person shall be considered convicted of a violent or serious crime if a judgment pursuant to section 1.20(15) of the criminal procedure law has ever been entered against him or her for a violent or serious crime.]
3. “Federal immigration authorities” shall mean any officer or employee, or person otherwise paid by or acting as an agent of or performing duties on behalf of the federal government, whose duties include, in whole or in part: (i) enforcement of the civil provisions of the immigration and nationality act; (ii) enforcement of any provision of federal law, including but not limited to chapter 3 of title 50 of the United States code and section 1459 of title 19 of the United States code, that penalizes a person being found in, or a person’s presence in, failure to depart from, entry into, or reentry into, the United States; (iii) enforcement of any provision of federal law that penalizes conduct related to the registration, travel document, or supervision requirements contained in the immigration and nationality act; or (iv) enforcement of any other provision of federal law where the mayor has determined that such federal law is being used by federal immigration authorities as a proxy for civil immigration enforcement. The term “federal immigration authorities” shall not include any personnel of the city acting in the course of their employment with the city.
4. “Immigration enforcement” shall mean the enforcement of the civil provisions of the immigration and nationality act; enforcement of any provision of federal law, including but not limited to chapter 3 of title 50 of the United States code and section 1459 of title 19 of the United States code, that penalizes a person being found in, or a person’s presence in, failure to depart from, entry into, or reentry into, the United States; enforcement of any provision of federal law that penalizes conduct related to the registration, travel document, or supervision requirements contained in the immigration and nationality act; and enforcement of any provision of federal law where the mayor has determined that such federal law is being used by federal immigration authorities as a proxy for civil immigration enforcement.
5[4]. “Judicial warrant” shall mean a warrant based on probable cause and issued by a judge appointed pursuant to article III of the United States constitution or a federal magistrate judge appointed pursuant to 28 U.S.C. § 631, that authorizes federal immigration authorities to take into custody the person who is the subject of such warrant.
[5. “Terrorist screening database” shall mean the United States terrorist watch list or any similar or successor list maintained by the United States.
6. “Violent or serious crime” shall mean:
i. a felony defined in any of the following sections of the penal law: 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 265.01-b, 265.02 (2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 490.45, 490.47, 490.50, or 490.55;
ii. a hate crime as defined in section 485.05 of the penal law, provided such hate crime constitutes a felony;
iii. a felony attempt, felony conspiracy, or felony criminal solicitation to commit any crime specified in subparagraph (i) of this paragraph, or a felony criminal facilitation of such specified crime;
iv. any felony set forth in section 600 of the vehicle and traffic law; or
v. any crime codified by the legislature subsequent to the enactment of this section that the department of correction, in consultation with the department, by rule determines to be a felony involving violence, force, firearms, terrorism, or endangerment or abuse of vulnerable persons, or any crime for which a change made by the legislature requires amendment of the crimes specified in this paragraph.]
§ 2. Subdivision b of section 14-154 of the administrative code of the city of New York, as amended by local law number 228 for the year 2017, is amended to read as follows:
b. Prohibition on honoring a civil immigration detainer.
1. The department may [only] honor a civil immigration detainer by holding a person beyond the time when such person would otherwise be released from the department’s custody, [in addition to such reasonable time as is necessary to conduct the search specified in subparagraph (ii) of this paragraph,] [or] by notifying federal immigration authorities of such person’s release, or by otherwise expending time while on duty or using department resources to communicate with federal immigration authorities or facilitate the transfer of a person in the custody of the department to the custody of federal immigration authorities, only if:
i. federal immigration authorities present the department with a judicial warrant issued by a United States district court judge or magistrate for the detention of the person who is the subject of such civil immigration detainer at the time such civil immigration detainer is presented; and
ii. such warrant is for a law enforcement purpose not related to immigration enforcement.
[ii. a search, conducted at or about the time when such person would otherwise be released from the department’s custody, of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city of New York or state of New York, indicates, or the department has been informed by a court or any other governmental entity, that such person: A. has been convicted of a violent or serious crime, or B. is identified as a possible match in the terrorist screening database.]
2. The department will not honor an administrative warrant signed by a federal immigration agent or official.
[2. Notwithstanding paragraph one of this subdivision, the department may honor a civil immigration detainer by holding an person for up to forty-eight hours, excluding Saturdays, Sundays and holidays, beyond the time when such person would otherwise be released from the department’s custody, in addition to such reasonable time as is necessary to conduct the search specified in this paragraph, if a search, conducted at or about the time when such person would otherwise be released from the department’s custody, of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city of New York or state of New York, indicates, or the department has been informed by a court or any other governmental agency, that such person: A. has been convicted of a violent or serious crime and has illegally re-entered the country after a previous removal or return, or B. is identified as a possible match in the terrorist screening database; provided, however, that if federal immigration authorities fail to present the department with a judicial warrant for such person within the period described above, such person shall be released and the department shall not notify federal immigration authorities of such person’s release.]
3. Nothing in this section shall affect the obligation of the department to maintain the confidentiality of any information obtained pursuant to paragraphs one or two of this subdivision.
§ 3. Subdivision f of section 14-154 of the administrative code of the city of New York, as amended by local law number 228 for the year 2017, is amended to read as follows:
f. Reporting. No later than September 1, 2018, and no later than September 1 of each year thereafter, the department shall post a report on the department website that includes the following information for the preceding twelve month period ending June 30:
1. the number of civil immigration detainers received from federal immigration authorities;
2. the number of persons held pursuant to civil immigration detainers beyond the time when such person would otherwise be released from the department’s custody;
3. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers;
4. the number of persons for whom civil immigration detainers were not honored pursuant to subdivision b of this section; and
5. the number of requests from federal immigration authorities for such person’s incarceration status, release dates, court appearance dates, or any other information related to such person in the department’s custody, and the number of responses honoring such requests by the department[, disaggregated by:
i. the number of responses to federal immigration authorities [concerning a person with no convictions for a violent or serious crime], disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities;
ii. the number of responses to federal immigration authorities where the person had at least one conviction for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities; and
iii. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime who was identified as a possible match in the terrorist screening database, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities].
§ 4. This local law takes effect 60 days after it becomes law.
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