ALBANY, NY – State Senator José M. Serrano has introduced legislation (S01359) aimed at prohibiting New York State and local law enforcement agencies from detaining individuals solely for violations of federal immigration laws.
The measure, titled the “Dignity for Immigrants in New York State Act,” would bar police and sheriffs from holding someone who is otherwise eligible for release from custody if their only alleged offense is being in the country unlawfully under federal immigration statutes.
Exceptions would apply for individuals convicted of a violent felony under New York’s Penal Law or, within the previous five years, certain serious misdemeanors such as third-degree assault, reckless endangerment, sexual misconduct, unlawful imprisonment, or endangering the welfare of a child.
Serrano said the bill reflects New York’s commitment to protecting civil rights and maintaining trust between immigrant communities and local law enforcement. Supporters argue that such detentions, often carried out under federal “ICE detainer” requests, erode public safety by discouraging crime victims and witnesses from cooperating with police.
If enacted, the law would immediately take effect and apply statewide to all state and local agencies.