N.Y. Exec. Law § 170-k

§ 170-k. Local cops, local crimes act. 1. For purposes of this\nsection, the following definitions shall apply:\n (a) "Law enforcement agency" means the New York state police and any\nlaw enforcement agency or department of any municipality, any police\ndistrict, or any agency, department, commission, authority or public\nbenefit corporation of the state of New York employing a police officer\nas that term is defined in subdivision thirty-four of section 1.20 of\nthe criminal procedure law or peace officer as that term is defined in\nsection 2.10 of the criminal procedure law, except for the port\nauthority of New York and New Jersey.\n (b) "Local government" means any municipal corporation and governing\nboard in the state of New York.\n (c) "Municipal corporation" has the same meaning as such term is\ndefined in section two of the general municipal law.\n (d) "Governing board" has the same meaning as such term is defined in\nsection two of the general municipal law.\n (e) "Correctional facility" has the same meaning as such term is\ndefined in subdivision four of section two of the correction law.\n (f) "Local correctional facility" has the same meaning as such term is\ndefined in subdivision sixteen of section two of the correction law.\n (g) "Immigration detention facility" means any building, facility, or\nstructure used, in whole or in part, to house or detain individuals for\nany violation of a civil provision of the federal Immigration and\nNationality Act relating to an individual's immigration status.\n (h) "Juvenile detention facility" means a specialized secure, secure,\nor nonsecure detention facility certified by the office of children and\nfamily services pursuant to section five hundred three of this chapter.\n (i) "Facility for youth placed with or committed to the office of\nchildren and family services" means a facility operated pursuant to\nsection five hundred four of this chapter.\n (j) "Immigration authority" has the same meaning as such term is\ndefined in section three hundred nineteen of this chapter.\n (k) "Immigration enforcement" has the same meaning as such term is\ndefined in section three hundred nineteen of this chapter.\n (l) "Immigration law" means any civil provision of the federal\nImmigration and Nationality Act and any provision of law that penalizes\na person's presence in, entry into, or reentry into the United States.\n 2. (a) No local government, law enforcement agency, correctional\nfacility, local correctional facility, juvenile detention facility, or\nfacility for youth placed with or committed to the office of children\nand family services, or agent thereof may, enter into, modify, renew,\nremain in, or extend:\n (i) any agreement pursuant to section 287(g) of the Immigration and\nNationality Act codified at 8 U.S.C. § 1357(g), including, but not\nlimited to, any formal or informal agreement under which an officer or\nemployee may engage in or assist immigration enforcement, or otherwise\nmay perform a function of an immigration officer; or\n (ii) any contract, intergovernmental service agreement, or any other\nformal or informal agreement to house or detain individuals for federal\ncivil immigration violations, including, but not limited to, agreements\nentered into pursuant to 8 U.S.C. § 1103(a) or § 1231(g).\n (b) Nothing in this subdivision shall be construed to preclude\ncontracts or agreements by:\n (i) any hospital or other health care facility as defined by section\ntwenty-eight hundred one of the public health law, including any health\ncare facility operated by a public benefit corporation pursuant to title\ntwo of article ten-C of the public authorities law, or any mental health\nfacility or hospital as defined by section 1.03 of the mental hygiene\nlaw to provide health care services;\n (ii) any authorized agency as defined by subdivision ten of section\nthree hundred seventy-one of the social services law, to provide care or\nplacement to children in the custody of the United States Office of\nRefugee Resettlement; or\n (iii) any federal law enforcement agency for the provision of\ndetention space for individuals subject to pending federal criminal\ncharges; provided, however, that no such agreement may provide for\ndetention space to house or detain individuals solely for federal civil\nimmigration violations.\n 3. No local government, law enforcement agency, correctional facility,\nlocal correctional facility, juvenile detention facility, or facility\nfor youth placed with or committed to the office of children and family\nservices or agent thereof shall:\n (a) pay, reimburse, subsidize, give any financial incentive or benefit\nor defray in any way costs related to the sale, purchase, construction,\ndevelopment, ownership, management, or operation of an immigration\ndetention facility that is or will be owned, managed, or operated, in\nwhole or in part by a private entity; or\n (b) otherwise give any financial incentive or benefit in connection\nwith the sale, purchase, construction, development, ownership,\nmanagement, or operation of an immigration detention facility.\n 4. Notwithstanding any provision of state or local law to the contrary\nrelating to the time in which a decision shall be rendered on an\napplication for or an appeal relating to a permit, certificate, or\nvariance, no local government shall approve a zoning variance or issue a\npermit or certificate for the construction or the reuse of existing\nbuildings or structures by any private entity for use as an immigration\ndetention facility unless the local government, at a minimum, and in\naddition to any other requirements:\n (a) provides notice to the public of the proposed zoning variance,\npermit, or certificate action at least one hundred eighty days before\nauthorizing the variance or issuing the permit or certificate; and\n (b) solicits and hears public comments on the proposed zoning\nvariance, permit, or certificate action in at least two separate\nmeetings open to the public.\n 5. Nothing in subdivisions three and four of this section shall\nrestrict any local government from adopting or applying additional\nzoning variance, permitting, or certificate requirements, or extending\nthe length of the one hundred eighty day notice requirement, or\nincreasing the number of meetings open to the public to discuss the\nzoning variance, permit, certificate, or reuse of existing buildings or\nstructures, notwithstanding any provision of state or local law to the\ncontrary relating to the time in which a decision shall be rendered on\nan application for or an appeal relating to a permit, certificate, or\nvariance.\n 6. Nothing in this section shall be construed to prohibit a local\ngovernment, law enforcement agency, correctional facility, or local\ncorrectional facility from complying with any state or federal court\norder or judicial warrant, or any other action as required by law.\n * 7. (a) Any agreement described in subdivision two of this section\nshall be deemed not consistent with state law and any such agreement\nexisting upon the effective date of this section shall be void and\nunenforceable, and any law enforcement agency, correctional facility,\nlocal correctional facility, juvenile detention facility, or facility\nfor youth placed with or committed to the office of children and family\nservices, or agent thereof shall exercise any applicable termination\nprovision contained in such agreement.\n (b) Notwithstanding paragraph (a) of this subdivision, any law\nenforcement agency, correctional facility, local correctional facility,\njuvenile detention facility, or facility for youth placed with or\ncommitted to the office of children and family services, or agent\nthereof shall exercise any applicable termination provision contained in\nany agreement described in subparagraph (ii) of paragraph (a) of\nsubdivision two of this section within three months after the effective\ndate of this section, after which time any such agreement shall be\ndeemed not consistent with state law, void, and unenforceable.\n * NB Effective August 25, 2026\n 8. The provisions of this section shall apply notwithstanding any\nother provisions of state or local law, charter, code, ordinance,\nresolution, rule, or regulation to the contrary. Provided, however, that\nnothing in this article shall be construed to prevent or restrict the\nstate government from adopting, enacting, or enforcing state policies or\na local government from adopting, enacting, or enforcing local policies,\nlaws, resolutions, ordinances, or regulations which comply with at least\nthe applicable standards or requirements of this section, or which\nexceed the provisions of this section, or which further restrict the\nability of state government or local government personnel to participate\nin immigration enforcement beyond the requirements set forth in the\nchapter of the laws of two thousand twenty-six that added this section.\n