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New York · 2025-2026 General Assembly
A07347Provides that a person is guilty of criminal trespass in the third degree if such person is in any portion of this state after entering the state at any location other than a lawful port of entry or border crossing.
Creates a new state crime of criminal trespass for anyone present in the state after entering at a non-lawful port of entry or border crossing, so more state immigration enforcement.
(h) in any portion of this state after entering the state at any location other than a lawful port of entry or border crossing.
✓ Quote verified word for word in the bill text
Immigration enforcementstate federal cooperationAI label
Makes the new immigration-related trespass a qualifying offense that allows courts to commit the defendant to custody pretrial instead of release on recognizance or non-monetary conditions, so more state immigration enforcement.
or, where the defendant is charged with a qualifying offense which is a felony or criminal trespass in the third degree as defined in subdivision (h) of section 140.10 of the penal law, the court may commit the principal to the custody of the sheriff.
Why the model tagged it this way: The bill adds a new subdivision (h) to Penal Law § 140.10 that criminalizes presence anywhere in the state after unauthorized entry at a non-port-of-entry location, creating a state immigration crime. It also amends multiple provisions of the Criminal Procedure Law to treat this new trespass as a qualifying offense that expands pretrial detention options, increasing immigration enforcement by state authorities. No other listed topics are substantively addressed.
Related bills
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A02261Prohibits the governor from preventing or inhibiting state agency cooperation with the federal government for the purposes of immigration en↑Expands immigration enforcement Died (session ended)
S02538Requires law enforcement and courts to notify the United States Immigration and Customs Enforcement agency (ICE) when an arrested person or ↑Expands immigration enforcement↑Expands immigration enforcement Died (session ended)
S10494Enacts the safe access to care act requiring certain healthcare facilities to adopt and make public a statement of patient rights and health↓Restricts immigration enforcement↓Restricts immigration enforcement Died (session ended)