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New York · 2025-2026 General Assembly
S05930Requires the arraignment of undocumented citizens who have committed violent crimes to occur within twenty-four hours and to determine at such arraignment whether such undocumented citizen shall be placed in the custody of federal immigration authorities or remain in the custody of the state.
Direction
Immigration enforcementstate federal cooperationAI label
Requires faster arraignment and a custody decision on whether to transfer undocumented defendants charged with violent crimes to federal immigration authorities, increasing the likelihood of their detention and removal by ICE.
Such arraignment hearing shall include, in addition to any other requirements set forth in this section, a determination of whether the defendant shall be remanded to the custody of federal immigration authorities or remain in the custody of the state.
Mandates special 24-hour arraignment procedures specifically for undocumented defendants charged with crimes in title H of the penal law (violent felonies), treating immigration status as a factor in state criminal processing.
Where an information, a simplified information, a prosecutor's information, a misdemeanor complaint, a felony complaint or an indictment charges any crime set forth in title H of part three of the penal law, and the defendant is an undocumented citizen, the arraignment hearing shall occur within twenty-four hours.
Why the model tagged it this way: The bill adds procedural requirements in state criminal proceedings that tie immigration status to faster processing and explicit consideration of transfer to federal custody for violent-crime defendants, expanding state cooperation with and facilitation of federal immigration enforcement.
Related bills
A11537Enacts 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)
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)