WHEREAS, New York State will remain true to the ideals that
founded this country, and will continue to welcome immigrants as a source of
energy, and celebrate them as a source of revitalization for our State;
and
WHEREAS, New York State's residents make up one of the
nation's most diverse communities, as over 4.3 million immigrants reside within
the State and over twenty percent of the State's population is foreign-born;
and
WHEREAS, immigrants residing in New York State are an
essential part of the economic fabric of this State, as over 29% of all
business owners in New York are foreign-born, such businesses generate millions
of dollars in total net income, and the combined purchasing power of immigrant
communities exceeds $165 billion dollars; and
WHEREAS, the reporting of unlawful activity by immigrant
witnesses and victims is critical to strengthening ties between immigrants and
law enforcement, reducing crime, and enhancing the State's ability to protect
the safety of all of its residents; and
WHEREAS, the New York State Constitution and the New York
State Human Rights Law protect individuals from discrimination on the basis of
national origin in the areas of education, benefits, employment, housing, and
public accommodation, and the State is committed to enforcing those protections
to the fullest extent of the law; and
WHEREAS, State government has a responsibility to ensure
that services are provided equally, and consistent with civil rights laws, to
all individuals eligible to receive them; and
WHEREAS, access to State services is critical to the
vitality and well-being of immigrant communities and their continued
integration into the State's economic, civil, and cultural life; and
WHEREAS, providing State services to immigrant communities
is necessary to meet the needs of the State's diverse population, to maintain
public confidence in State government and its agencies, and to comply with
State and Federal civil rights laws; and
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
of New York, by virtue of the authority vested in me by the Constitution and
laws of the State of New York, do hereby order as follows:
A.
Definitions
1. "State entity" shall mean (i) all agencies
and departments over which the Governor has executive authority, and (ii) all
public benefit corporations, public authorities, boards, and commissions, for
which the Governor appoints the Chair, the Chief Executive, or the majority of
Board members, except for the Port Authority of New York and New
Jersey.
2. "Alien" shall mean any
person who is not a citizen or national of the United States.
3. "Illegal activity" shall mean any unlawful
activity that constitutes a crime under state or federal law. However, an
individual's status as an undocumented alien does not constitute unlawful
activity.
B.
Agency and Authority Responsibilities Respecting the Privacy of
Personal Information
1. No
State
officers or employees, other than law enforcement officers as provided in B.3
infra, shall inquire about an
individual's immigration status
unless:
a. The status of such individual is
necessary to determine his or her eligibility for a program, benefit, or the
provision of a service; or
b. The
State officer or employee is required by law to inquire about such individual's
status.
2. No State
officers or employees, including law enforcement officers, shall disclose
information to federal immigration authorities for the purpose of federal civil
immigration enforcement, unless required by law. Notwithstanding such
prohibition, this Order does not prohibit, or in any way restrict, any state
employee from sending to, or receiving from, federal immigration authorities,
information regarding the citizenship or immigration status, lawful or
unlawful, of any individual, as required by law.
3. No
law enforcement officers shall inquire
about an
individual's immigration status unless investigating such
individual's
illegal activity, provided however that such inquiry is relevant to the illegal
activity under investigation. Nothing in this section shall restrict law
enforcement officers from seeking
documents for the purpose of identification
following arrest.
a. This prohibition against
inquiring into status includes, but is not limited to, when an individual
approaches a law enforcement officer seeking assistance, is the victim of a
crime, or is witness to a crime.
b.
Law enforcement officers may not use resources, equipment or personnel for the
purpose of detecting and apprehending any
individual suspected or wanted only
for violating a civil immigration offense. Law enforcement officers have no
authority to take any police action solely because the
person is an
undocumented alien. This includes identifying, questioning, detaining, or
demanding to inspect federal immigration documents.
Signed: Andrew M. Cuomo
Dated: September 15, 2017
Executive Order No. 170.1
Amendment to Executive Order 170 - State Policy
Concerning Immigrant Access to State Services and Buildings.
WHEREAS, access to State services is critical to the
well-being of immigrant communities and their integration into the
State;
WHEREAS, New York State remains committed to welcoming
immigrants as vital and respected members of our State;
WHEREAS, pursuant to Executive Order No. 170, it is the
policy of the State that State officers or employees shall not inquire about an
individual"TMs immigration status unless necessary to determine eligibility for
a program, benefit, or provision of a service, or disclose information to
federal immigration authorities for the purpose of federal civil immigration
enforcement unless required by law;
WHEREAS, the State has a recognized interest in maintaining
the safety and security of its facilities to ensure that all residents have
equal access to State programs, benefits, and services and must implement
policies in furtherance thereof;
WHEREAS, federal immigration authorities have increasingly
conducted immigration enforcement activity in sensitive spaces crucial to
immigrants"TM full participation in the economic, civil, and cultural life of
the State;
WHEREAS, immigration enforcement activity in these spaces
create a chilling effect, preventing immigrants from fully participating in the
State;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
of New York, by virtue of the authority vested in me by the Constitution and
laws of the State of New York, do hereby proclaim and order as follows:
