New York 2025-2026 Regular Session

New York Senate Bill S04735

Introduced
2/12/25  
Refer
2/12/25  

Caption

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.

Summary

This bill, titled the “Protect Our Schools Act,” would limit immigration enforcement activity in and around public and charter schools. It creates a new civil rights law protection for students, teachers, staff, volunteers, visitors, and others lawfully present on school grounds, making them privileged from immigration enforcement in non-public areas of school property unless officers have a valid court order or judicial warrant issued by an appropriate federal judge. Administrative warrants, immigration detainers, and similar immigration documents would not be enough to justify enforcement action in those school settings. The bill also amends the Education Law to require public and charter schools to take steps to prevent unauthorized law enforcement activity on school grounds, bar school access for immigration enforcement or immigration-status questioning except in limited circumstances, and prohibit use of school resources for immigration enforcement. It requires school personnel to verify identification and notify the superintendent when presented with a warrant, and generally to notify a parent or guardian if a student is the subject of such an order unless prohibited. The bill further restricts disclosure of student records containing immigration status information, directs the Commissioner of Education to issue rules and training guidance, and requires annual reporting on immigration-related enforcement activity affecting schools. If enacted, the bill would add new protections to the Civil Rights Law and Education Law and create new enforcement mechanisms, including civil actions for equitable and declaratory relief by affected persons or the Attorney General, with possible recovery of costs and attorney’s fees. It would also define key terms such as administrative warrant, immigration detainer, and immigration enforcement, and it would take effect immediately. The overall sentiment reflected in the bill text is protective and student-safety oriented, emphasizing secure learning environments and limiting immigration enforcement on school property. Because there are no committee transcripts or recorded votes provided, there is no documented debate or formal vote history to indicate broader legislative support or opposition in the available materials. The main point of contention inherent in the bill is the balance between immigration enforcement and school safety/privacy. Supporters would likely view the measure as shielding students and families from fear and disruption, while critics may object that it restricts law enforcement access and could complicate cooperation with federal immigration authorities. The bill attempts to address that tension by preserving access for imminent safety situations and for valid judicial warrants or court orders, and by stating that lawful actions by school resource officers, police officers, peace officers, and other public officers acting to maintain safety are not affected.

Impact

The bill would amend the Civil Rights Law by adding a new section 29 and the Education Law by adding a new section 409-o, creating statewide restrictions on immigration enforcement in public and charter school settings. It would prohibit school officials from allowing immigration enforcement access to students or others on school property except under narrow warrant-based or safety-related exceptions, bar disclosure of immigration-status-related student records to immigration authorities, require training and protocols from the Education Department, and authorize civil enforcement by affected individuals and the Attorney General.

Sentiment

The bill’s framing is strongly supportive of immigrant students and school-based protections, with language focused on safety, privacy, and maintaining a secure educational environment. No committee transcript or vote data was provided, so there is no recorded legislative debate or roll-call sentiment to summarize beyond the bill’s own protective purpose.

Contention

The central controversy is whether schools should be insulated from immigration enforcement or whether such limits interfere with federal immigration operations and local law enforcement cooperation. Supporters are likely to emphasize student trust, attendance, and family safety, while opponents may argue the bill creates barriers to lawful enforcement and burdens school personnel with verification and notification duties. The bill narrows the dispute by allowing action when there is an imminent safety situation or a valid judicial warrant or court order.

Companion Bills

NY A05373

Same As 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.

Previously Filed As

NY A05373

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.

NY A07859

Prohibits civil arrest in hospital, shelter, food bank, and crisis center settings; except to address an imminent safety situation or if they have an appropriate judicial warrant or judicial order.

NY LB1034

Prohibit school staff from allowing federal immigration enforcement officers to access schools without a judicial warrant

NY S08522

Protects persons receiving care, employed, or otherwise present at a hospital from immigration arrests; prohibits federal immigration officers acting within the scope of their employment from entering hospitals unless supported by a judicial warrant or order; defines judicial warrant or order.

NY A09589

Protects persons receiving care, employed, or otherwise present at a hospital from immigration arrests; prohibits federal immigration officers acting within the scope of their employment from entering hospitals unless supported by a judicial warrant or order; defines judicial warrant or order.

NY S4138

Prohibits State's law enforcement from participating in immigration enforcement unless action is premised upon valid judicial warrant.

NY S08539

Establishes the New York state ICE-free zones act to prohibit the use of state or municipal property for civil immigration enforcement activity; requires signage to be posted at the entrance to state or municipal property or other areas that are accessible to the public stating that civil immigration enforcement activity is not allowed; provides an exception that civil immigration activity may be conducted on such property pursuant to a valid judicial warrant specifying that such activity may be conducted on such property for a specified purpose.

NY A4910

Establishes "Support for Immigration Enforcement-Affected Students Fund" in DOE to support public schools in addressing impact of immigration enforcement activities.

NY AB49

Schoolsites: immigration enforcement.

NY SB391

Offenses Involving Illegal Aliens; immigration enforcement in certain locations absent a judicial warrant; prohibit

Similar Bills

No similar bills found.