ALBANY, NY – A proposed constitutional amendment introduced in the New York State Senate seeks to limit how state and local officials, including law enforcement, can inquire about or disclose an individual’s immigration status.
Senate Bill 3657, sponsored by Senator George Borrello, would add a new Article 20 to the New York State Constitution titled “Regulation of Discovery and Disclosure of Immigration Status.” The measure aims to codify into the state constitution restrictions on when and how immigration-related information can be collected or shared by state officers, employees, and law enforcement agencies.
Under the proposal, non-law enforcement state employees would be prohibited from asking about a person’s immigration status except when it is necessary to determine eligibility for a program or benefit, or when required by law. Law enforcement officers would face similar limits, permitted to inquire about immigration status only when it is relevant to an investigation of illegal activity.
The amendment also bars any state officer, employee, or law enforcement official from disclosing information to federal immigration authorities for civil immigration enforcement unless required by law. However, it preserves existing legal obligations for state agencies to share information about citizenship or immigration status when mandated under federal statutes.
The bill specifically prohibits the use of state or local resources to identify, detain, or assist in the apprehension of individuals suspected solely of civil immigration violations. It would prevent officers from taking any police action based only on a person’s undocumented status, including questioning, detaining, or requesting federal immigration documents.
Senate Bill 3657 defines “noncitizen” as any person who is not a citizen or national of the United States and clarifies that an individual’s undocumented status alone does not constitute illegal activity.
If approved by both houses of the Legislature, the proposed amendment would be placed on the ballot for voter approval in the 2025 general election.
Senate Bill 3657 would add constitutional protections limiting when state and local officials may question or disclose a person’s immigration status, requiring voter approval in the 2025 election.