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What is NYC AC § 10-178?

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This section defines immigration enforcement and prohibits city resources from being used for such purposes. It mandates that city agencies document requests for assistance from non-local law enforcement related to immigration enforcement. Applies to city officers and employees involved in law enforcement activities.

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§ 10-178 Immigration enforcement.

AC § 10-178

a. Definitions. As used in this section, the following terms have the following meanings: City property. The term "city property" means any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control. Immigration enforcement. The term “immigration enforcement” means the enforcement of the civil provisions of the immigration and nationality act; enforcement of any provision of federal law, including but not limited to chapter 3 of title 50 of the United States code and section 1459 of title 19 of the United States code, that penalizes a person being found in, or a person’s presence in, failure to depart from, entry into, or reentry into, the United States; enforcement of any provision of federal law that penalizes conduct related to the registration, travel document, or supervision requirements contained in the immigration and nationality act; and enforcement of any provision of federal law where the mayor has determined that such federal law is being used by federal immigration authorities as a proxy for civil immigration enforcement. b. No agency shall subject its officers or employees to the direction and supervision of the secretary of homeland security or the head of any non-local law enforcement agency primarily in furtherance of immigration enforcement. c. No city resources, including, but not limited to, time spent by employees, officers, contractors, or subcontractors while on duty, or the use of city property, shall be utilized for immigration enforcement. d. Whenever any city officer or employee receives a request from a non-local law enforcement agency for the city to provide support or assistance intended to further immigration enforcement, such officer or employee's agency shall make a record relating to such request, including any response or actions taken in response. An office of the mayor, or an agency the head of which is appointed by the mayor, shall be designated by the mayor to submit to the speaker of the council a quarterly report containing an anonymized compilation or summary of such requests and actions taken in response, disaggregated by the requesting non-local law enforcement agency and the agency receiving such a request; provided, however, disclosure of any such information shall not be required if: (i) such disclosure would interfere with law enforcement investigations or (ii) such disclosure is related to actions taken pursuant to clause (i) of subdivision e of this section and would compromise public safety. Such report shall not be required to include information contained in reports required pursuant to section 9-131, 9-205, or 14-154. e. Nothing in this section shall prohibit city officers and employees from performing their duties in accordance with state and local law by, including, but not limited to: (i) participating in cooperative arrangements with city, state, or federal law enforcement agencies that are not primarily intended to further immigration enforcement or utilizing city resources in connection with such cooperative arrangements and (ii) taking actions consistent with sections 9-205, 9-131, and 14-154. In addition, nothing in this section shall prevent any city officer or employee from complying with federal law or restrict their discretion to take any action if such restriction is prohibited by federal law. (L.L. 2017/228, 12/1/2017, eff. 1/30/2018; Am. L.L. 2026/063, 1/29/2026, eff. 1/29/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/228.

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