Bill
Bill > S02538
NY S02538
NY S02538Requires law enforcement and courts to notify the United States Immigration and Customs Enforcement agency (ICE) when an arrested person or defendant is not a United States citizen; adjusts certain maximum sentences for class A misdemeanors and unclassified misdemeanors; requires notification to be made to the United States Immigration and Customs Enforcement agency prior to the release of certain noncitizens; repeals provisions of the "protect our courts act".
summary
Introduced
01/21/2025
01/21/2025
In Committee
01/21/2025
01/21/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 General Assembly
Bill Summary
AN ACT to amend the criminal procedure law, in relation to requiring law enforcement and courts to notify the United States Immigration and Customs Enforcement agency when an arrested person or defendant is not a United States citizen; to amend the penal law, in relation to adjusting certain maximum sentences; to amend the correction law, in relation to requiring notification of the United States Immigration and Customs Enforcement agency prior to the release of certain noncitizens; and to repeal certain provisions of the penal law, the civil rights law and the judiciary law, in relation to repealing provisions of the "protect our courts act"
AI Summary
This bill requires law enforcement and courts in New York to notify U.S. Immigration and Customs Enforcement (ICE) when an arrested person or defendant is not a U.S. citizen. Specifically, police officers must forward fingerprints and arrest reports to ICE for non-citizen arrestees, and criminal courts must notify ICE immediately upon convicting a non-citizen of a felony or misdemeanor. The bill also adjusts maximum sentences for class A misdemeanors and unclassified misdemeanors from 364 days to one year. Additionally, correctional facilities must notify ICE at least five days before releasing a non-citizen detainee, ensuring that immigration authorities are informed of the impending release. The bill repeals certain provisions of the "Protect Our Courts Act," which previously limited cooperation between local law enforcement and federal immigration authorities. These changes aim to enhance coordination between local and federal agencies in identifying and processing non-citizen individuals involved in the criminal justice system, potentially facilitating immigration enforcement actions.
Committee Categories
Housing and Urban Affairs
Sponsors (16)
Andrew Lanza (R)*,
George Borrello (R),
Patricia Canzoneri-Fitzpatrick (R),
Patrick Gallivan (R),
Joe Griffo (R),
Pam Helming (R),
Mario Mattera (R),
Dean Murray (R),
Tom O'Mara (R),
Peter Oberacker (R),
Rob Ortt (R),
Tony Palumbo (R),
Steve Rhoads (R),
Dan Stec (R),
Jim Tedisco (R),
Bill Weber (R),
Last Action
REFERRED TO CODES (on 01/21/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.nysenate.gov/legislation/bills/2025/S2538 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=S02538&term=2025&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S02538 |
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