Bills affecting Immigrant / non-citizen in New York — 2026 session

Requires law enforcement and courts to notify the United States Immigration and Customs Enforcement agency (ICE) when an arrested person or defendant is not a United States citizen; adjusts certain maximum sentences for class A misdemeanors and unclassified misdemeanors; requires notification to be made to the United States Immigration and Customs Enforcement agency prior to the release of certain noncitizens; repeals provisions of the "protect our courts act".

Establishes a coordinator for asylum seeker services to oversee the integration of services and benefits available to asylum seekers.

Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.

Prohibits governmental entities from entering into agreements to house individuals in immigration detention facilities; requires governmental entities to terminate existing contracts for the detention of individuals in immigration detention facilities.

Enacts the "New York emergency expedited temporary work permit act" to allow asylum seekers to apply for and be granted temporary work permits while their federal immigration status is being determined.

Provides that any requirement that undocumented immigrants who are seeking asylum in the United States be sheltered in a certain locality or localities shall only apply to those towns, cities, and counties that opt-in to such requirement through the adoption of a local law or ordinance; defines the term "sheltered" as including, but not limited to, being temporarily or permanently placed into housing, dwelling, or living quarters by a state or local governmental entity.

Establishes the incentive and career exclusion for officers unethically targeting New York act to prohibit persons who were employed by United States Immigration and Customs Enforcement and Removal Operations on or after January 20, 2025 from being eligible for New York state workforce recruitment programs or resources; allows exceptions to such prohibition on a case-by-case basis.

Prohibits certain immigration and customs enforcement agents or officers from holding employment as a state employee, an employee of a political subdivision, a law enforcement officer, or a teacher; defines terms.

Grants medical assistance eligibility for kidney transplant expenses for residents of New York with end-stage renal disease who are otherwise eligible for benefits except for their immigration status.

Prohibits the governor from preventing or inhibiting state agency cooperation with the federal government for the purposes of immigration enforcement; prohibits state agencies from preventing or inhibiting collaboration with federal agencies for the purposes of federal immigration enforcement.

Provides for supports and services for unaccompanied minors with no lawful immigration status including legal representation.

Enacts the building up immigrant legal defense or BUILD act to provide competitive workforce development and capacity building grants to eligible entities that are seeking to expand access to representation for individuals facing deportation by increasing the workforce and strengthening the legal services infrastructure needed to provide such representation.

Requires municipal corporations to approve any facility intending to house asylum seekers prior to their establishment; establishes a review process that incorporates notice to the public and the opportunity for the public to comment; renders a decision within 8 weeks.

Prohibits immigration enforcement in school settings; prohibits all public and charter schools from allowing law enforcement officials inside school property to access a student, except to address an imminent safety situation or if they have an appropriate judicial warrant or judicial order.

Requires the state board of elections to participate in the systematic alien verification for entitlements (SAVE) program, administered by the United States citizenship and immigration services agency, to verify that a person who is either registered or registering to vote is a United States citizen.

Establishes "SNAP for all", a state-funded supplemental nutrition assistance program to provide for those who are excluded from federal SNAP benefits solely due to immigration status; outlines eligibility requirements of applicants and operational requirements of the office of temporary and disability assistance.

Requires the creation of an immigration enforcement activity transparency dashboard, which shall be made publicly available, to track certain information relating to immigration authorities activities within New York state.

Relates to providing access to services, law enforcement and counsel in certain immigration related matters.

Grants medical assistance eligibility for organ transplant expenses for residents of New York who are otherwise eligible for benefits except for their immigration status.

Relates to granting local law enforcement agencies the authority to enforce federal immigration law under the 287(g) program in order to enhance the enforcement of federal immigration laws regarding individuals engaged in criminal activity.