N.Y.
Executive Law Section 319-A
Restrictions on immigration enforcement by state employees
1.
No state employee shall use state resources, 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 state entity, for immigration enforcement purposes.2.
No state employee shall disclose to an immigration authority or any employee thereof an individual’s personally identifiable information, including, but not limited to, a 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.3.
No state 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 state 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 state 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; or when registering an individual to vote and other election related matters.6.
(a) (i) No state 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 the state entity to an immigration authority or any employee thereof engaging in immigration enforcement except as provided in subdivision nine of this section.(ii)
Provided, however, that no state entity or state 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.(b)
Each state entity 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 prior to 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 inquires.7.
No state employee shall use an immigration authority or any employee thereof as an interpreter or translator for law enforcement matters relating to individuals that such entities or employees interact with as part of their employment duties.8.
The provisions of this section shall not be construed to prohibit or restrict state entities or state 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 state 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 complying with requirements under existing law.10.
The provisions of this article shall apply notwithstanding any other provisions of state or local law and shall not be construed to in any way to expand the authority of state employees to participate in immigration enforcement.11.
Nothing in this article shall be construed to prevent state entities from adopting policies which exceed the provisions of this article or further restrict state entities or state employees from participation in immigration enforcement beyond the requirements set forth in this article.12.
For any databases operated by a state entity, including databases maintained for a state entity by private vendors, the attorney general shall, by the first of January following the effective date of this article, 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 state entities may adopt necessary changes to database governance policies consistent with such guidance.13.
The office of employee relations shall develop training covering the requirements of this article no later than one hundred twenty days after its effective date and shall ensure that such training is made available to state entities as defined in § 319 (Definitions)section three hundred nineteen of this article so that state employees shall receive training relevant to their required role in implementing this article. Such training shall be conducted during the employee’s regular working hours and employees shall receive compensation at their regular rate of pay for any time spent participating in such training. Subsequent training for required employees shall be provided within sixty days of hire, and annually thereafter.
Source:
Section 319-A — Restrictions on immigration enforcement by state employees, https://www.nysenate.gov/legislation/laws/EXC/319-A (updated May 29, 2026; accessed Jun. 18, 2026).
