NEW YORK VALUES PETITION

Berning Attorneys fully supports the following language from the California Values proposed
legislation:
Existing law provides that when there is reason to believe that a person arrested for a violation of
specified controlled substance provisions may not be a citizen of the United States, the arresting
agency shall notify the appropriate agency of the United States having charge of deportation
matters.
This bill would repeal those provisions.
Existing law provides that whenever an individual who is a victim of or witness to a hate crime,
or who otherwise can give evidence in a hate crime investigation, is not charged with or
convicted of committing any crime under state law, a peace officer may not detain the individual
exclusively for any actual or suspected immigration violation or report or turn the individual over
to federal immigration authorities.
This bill would, among other things, prohibit state and local law enforcement agencies and
school police and security departments from using resources to investigate, detain, detect, report,
or arrest persons for immigration enforcement purposes, or to investigate, enforce, or assist in the
investigation or enforcement of any federal program requiring registration of individuals on the
basis of race, gender, sexual orientation, religion, or national or ethnic origin, as specified. The
bill would require state agencies to review their confidentiality policies and identify any changes
necessary to ensure that information collected from individuals is limited to that necessary to
perform agency duties and is not used or disclosed for any other purpose, as specified. The bill
would require public schools, hospitals, and courthouses to establish and make public policies
that limit immigration enforcement on their premises and would require the Attorney General, in
consultation with appropriate stakeholders, to publish model policies for use by those entities for
those purposes.
The bill would state findings and declarations of the Legislature relating to these provisions.
By imposing additional duties on public schools, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local agencies and school districts for
certain costs mandated by the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill
contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the
statutory provisions noted above.
As such, we are hereby petitioning our own state government in New York to effectuate similar
state legislation. As a civic duty, we are providing the following model legislation for adoption,
and/or modification, to our State representatives, and we are encouraging our fellow citizens to
add their signature to a petition in support of the adoption of this legislation.

MODEL LEGISLATION

Title of Bill: An Act to amend the criminal procedure law; the xxx law; and the xxx law in
order to ensure that the State of New York, and its taxpayers, do not (1) contribute to any federal
policies and procedures which may have the potential to undermine the United States
Constitution nor (2) work in concert with any federal actions which may unsettle the public
safety of the citizens of New York nor (3) engage in efforts which may be counterproductive to
the tranquility of families residing within the borders of the State of New York State.
Purpose:
The purpose of this bill is to ensure that the State of New York, and its taxpayers,
maintain their allegiance to the United States Constitution and limit the liability of the State of
New York in its handling of its immigration and naturalization responsibilities.
Summary:
This bill is multi-faceted in its scope and causes the following changes in New
York State law:

(1) Requires courts to advise a defendant that if he or she is an alien and he or she is
convicted of a crime, whether by plea or trial, such conviction may result in his or her
deportation; allows a withdrawal of a plea of guilty by an alien if such alien is threatened
with such deportation and such alien is not so advised of such threat of deportation;
(2) Makes it illegal to hold an individual in any New York State penal facility solely
upon the receipt of a detainer request by Immigration and Customs Enforcement;
(3) Implements New York Is Home policies which grants undocumented workers the rights
to (a) become full and equal members of the New York State political community with
the rights to vote and hold public office and (b) the rights to obtain New York State
benefits and programs and (c) the right to protection against discrimination and
mistreatment.