New York § 29 - 29Sensitive locations

§ 29. 29Sensitive locations

§ 29. Sensitive locations. 1. Definitions. For purposes of this section, the following terms shall have the following meanings: (a) "Sensitive location" means a privately owned or operated: (i) location of any program licensed, regulated, certified, funded, or approved by the office of children and family services that provides services to children, youth, or young adults, any legally exempt childcare provider, a childcare program for which a permit to operate such program has been issued by the New York city department of health and mental hygiene pursuant to the health code of the city of New York; (ii) health care facility, including a doctor's office, hospital, or any location providing health or behavioral health services; (iii) house of worship, which means any building or structure that a reasonable person would know that religious adherents collectively recognize as a place to regularly gather for or to hold religious worship activities or provide religious education or instruction, such as a church, synagogue, temple, or mosque; (iv) housing accommodation; (v) non-public school; (vi) private school established under chapter eight hundred fifty-three of the laws of nineteen hundred seventy-six, or state-supported school established in accordance with article eighty-five of the education law; (vii) not-for-profit or for-profit higher education institution; (viii) nursery school; (ix) summer camp; (x) senior center; (xi) park, playground, athletic field, or recreation center; or (xii) location being utilized as a polling place in connection with the conduct of an election for an elected position in any government. (b) "Deny access" means declining to grant permission to enter and declining to facilitate the entry of an individual to a sensitive location. (c) "Housing accommodation" means any building, structure, or portion thereof which is used or occupied or is intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings. (d) "Immigration enforcement" has the same meaning as such term is defined in section three hundred nineteen of the executive law. 2. Sensitive locations for immigration enforcement. (a) A sensitive location is empowered to adopt policies and/or procedures, to the maximum extent allowable under law, to deny access to any portion of the sensitive location that is not accessible to the general public to any individual seeking access for the purposes of immigration enforcement. Any such policy or procedure shall not overcome any circumstance in which the individual seeking access for the purposes of immigration enforcement presents a court order issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to 28 U.S.C. § 631 authorizing them to take into custody the person who is the subject of such warrant or judicial order. (b) A sensitive location shall not be liable under state law if it adopts any policy or practice of denying, or chooses to deny, access to any portion of a sensitive location that is not accessible to the general public to any individual seeking access for the purposes of civil immigration enforcement without presenting a court order issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to 28 U.S.C. § 631 authorizing them to take into custody the person who is the subject of such warrant or judicial order. 3. Enforcement. The attorney general, the office of immigrant trust in the department of law, an individual, or the owner or operator of the sensitive location, including a local or state governmental entity that operates out of a sensitive location, may apply for an order to the supreme court of the state of New York to obtain appropriate injunctive and declaratory relief with respect to any violation of this section. 4. Nothing in this section shall be construed to exempt entities covered by this article from the requirements of article fifteen-AA of the executive law, section thirty-two hundred one-b of the education law, and article nineteen-D of the general municipal law, if otherwise applicable. 5. The provisions of this section shall apply notwithstanding any other provisions of state or local law, charter, code, ordinance, resolution, rule, or regulation to the contrary. Provided, however, that nothing in this article shall be construed to prevent or restrict the state government from adopting, enacting, or enforcing state policies or a local government from adopting, enacting, or enforcing local policies, laws, resolutions, ordinances, or regulations which comply with at least the applicable standards or requirements of this section, or which exceed the provisions of this section, or which further restrict the ability of state government or local government personnel to participate in immigration enforcement beyond the requirements set forth in the chapter of the laws of two thousand twenty-six that added this section.