N.Y. General Municipal Law § 996-A – Restriction on use of municipal government resources for immigration enforcement

1. No municipal government employee shall use the resources of such municipal government including, but not limited to, time spent while on duty or any property or facilities owned or operated by or under the control of the municipal government for immigration enforcement purposes.
2. No municipal government employee shall disclose to an immigration authority or any employee thereof an individual's personally identifiable information, including, but not limited to, such person's name, social security number, physical description, any associated addresses, telephone number, financial information, medical information, or place of employment or education except as provided in subdivision nine of this section or unless necessary to administer a public program or benefit sought by such person; or when registering an individual to vote and other election related matters.
3. No municipal government employee shall question, investigate, or interrogate an individual solely on the basis of an immigration detainer, a civil immigration warrant, or for the sole purpose of immigration enforcement.
4. No municipal government employee shall inquire about a person's citizenship, immigration status, nationality, or country of origin, except as provided in subdivision nine of this section; or as necessary to administer a public program or benefit sought by such person or when registering an individual to vote and other election related matters.
5. No municipal government employee shall collect information about a person's citizenship, immigration status, nationality, or country of origin, except as provided in subdivision nine of this section; or as necessary to administer a public program or benefit sought by such person.
6.
1. (a)
  1. (i) No municipal government employee shall grant permission to access or facilitate access to non-public areas of property or facilities owned or operated by or under the control of such municipal government to an immigration authority or any employee thereof engaging in immigration enforcement except as provided in subdivision nine of this section.
  2. (ii) Provided, however, that no municipal government or municipal government employee shall grant permission to access or facilitate access to a polling location to an immigration authority or any employee thereof engaging in immigration enforcement where doing so would violate 18 §§ U.S.C. 592, 595, 52 U.S.C. § 10307(b), the Fourteenth Amendment of the United States Constitution, or the Fifteenth Amendment of the United States Constitution, except as provided in subdivision nine of this section.
2. (b) Each municipal government shall implement policies and/or procedures for all relevant employees in the event that a judicial warrant or court order is presented for access to non-public areas, including the protocol to verify the sufficiency of any judicial warrant or court order to ensure such judicial warrant or court order complies with the provisions of this section for permitting access to any non-public areas. Such policies and/or procedures shall include a designated contact for such inquiries. Nothing in this paragraph shall abrogate or otherwise change any legal privileges, including, but not limited to, the attorney client privilege, that may apply to such inquiries.
7. No municipal government employee shall use an immigration authority or any employee thereof as an interpreter or a translator for law enforcement matters relating to individuals that such government or employees interact with as part of their employment duties.
8. The provisions of this section shall not be construed to prohibit or restrict municipal governments or municipal governments employees from sending to or receiving from the United States department of homeland security or any other federal, state, or local governmental entity information regarding the citizenship or immigration status of an individual pursuant to 8 U.S.C. § 1373.
9. The provisions of this article shall not prohibit municipal governments or municipal government employees from complying with court orders 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, or judicial warrants issued by a judge appointed pursuant to Article III of the United States Constitution or federal magistrate judge appointed pursuant to 28 U.S.C. § 631, or as otherwise required by law.
10. The provisions of this article shall apply notwithstanding any other provisions of state or local law, charter, code, ordinance, resolution, rule, or regulation to the contrary and shall not be construed to in any way expand the authority of municipal government employees to participate in immigration enforcement. Provided, however, that nothing in this article shall be construed to prevent or restrict a municipal government from adopting, enacting, or enforcing local policies, laws, resolutions, ordinances, or regulations which comply with at least the applicable standards or requirements of this article, or which exceed the provisions of this article, or which further restrict municipal governments or municipal government employees from participation in immigration enforcement beyond the requirements set forth in the chapter of the laws of two thousand twenty-six that added this article.
11. For any databases operated by a municipal government including databases maintained for a municipal government by private vendors, the attorney general shall, by the first of January next succeeding the effective date of this section, in consultation with appropriate stakeholders, publish guidance and training recommendations aimed at ensuring that such databases are governed in a manner that limits the availability of information contained therein, to the fullest extent practicable and consistent with federal and state law including, but not limited to, 8 U.S.C. § 1373, to anyone or any entity for the purpose of immigration enforcement. All municipal governments may adopt necessary changes to database governance policies consistent with such guidance.