New York Senate Bill S03649

New York 2025-2026 Regular Session

• Introduced: 1/29/25
• Refer: 1/29/25
• Refer: 1/7/26

Caption

Requires that local governments comply with a detainer request issued by a federal law enforcement agency; requires that such local government not interfere with the ability of federal law enforcement officials to conduct enforcement activities at municipal or county jails in furtherance of their duty to enforce federal laws.

Summary

S03649 would add a new section to the General Municipal Law prohibiting counties, cities, towns, villages, and their agencies from adopting any rule, order, ordinance, local law, or policy that blocks or discourages compliance with federal immigration or other federal law-enforcement detainer requests. It also bars local governments from interfering with federal officers’ ability to enter municipal or county jails to carry out enforcement activities. The bill defines “federal law enforcement agency” broadly to include agencies such as DHS, DOJ, ICE, FBI, CBP, DEA, the U.S. Marshals, and others. The bill further directs the Division of Homeland Security and Emergency Services, working with the State Police, to determine which local government entities are not complying with the new prohibition and to maintain a monthly list of violators to be sent to the Comptroller. Local governments found in violation would be ineligible for state funding, and the Comptroller would be required to check the most recent list before disbursing state funds. The measure expressly excludes school districts, charter schools, and municipal health services facilities from its coverage.

Impact

If enacted, S03649 would preempt local sanctuary-style policies to the extent they limit compliance with federal detainer requests or restrict federal access to local jails. It would create a state-level enforcement mechanism tied to funding, potentially affecting county and municipal budgets by conditioning state aid on compliance. The bill would also amend the Executive Law to assign DHS and the State Police a monitoring role over local governments and to create an ongoing compliance list used by the Comptroller.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the measure appears to be introduced in support of stronger cooperation between local governments and federal law enforcement. The sponsors listed are all Republicans, which suggests the bill is aligned with a law-and-order or anti-sanctuary policy approach. No contrary testimony or recorded vote history is provided, so there is no documented opposition or bipartisan support in the supplied context.

Contention

The main point of contention is likely the bill’s restriction on local discretion, especially for jurisdictions that have adopted sanctuary policies or limits on immigration-related cooperation with federal authorities. Critics would likely object to the mandate that local jails honor detainer requests and allow federal enforcement access, as well as the threat of withholding state funds. Supporters would likely argue that the bill promotes public safety, uniform enforcement, and cooperation with federal agencies. The exclusion of schools and municipal health facilities suggests an attempt to narrow the bill’s reach, but the funding penalty and state compliance review remain the most significant flashpoints.