Int 2348-2021
Creating a private right of action related to civil immigration detainers.
IntroductionFiledCommittee on Immigrationintroduced 2021-06-17
Filed — closed without being enacted.
Official record · Legistar
Agenda: 2021-06-17Passed: 2021-12-31
Summary
This bill would create a private right of action in the city’s civil immigration detainer laws, allowing individuals held by the New York Police Department, the Department of Correction, and the Department of Probation to bring an action alleging a violation of the detainer laws in any court of competent jurisdiction.
Committee on Immigration — Mayor’s Office of Immigrant Affairs and other matters affecting immigration.
How it compares
42% of similar bills passed
21 passed · 29 died
This bill: 197 days in committee
Similar bills: median 225 days · 132 days when passed
Compared against 50 Introduction bills in Committee on Immigration.
Ranked by how closely each matches this bill's topic — closest first:
Int 0158-2022
Creating a private right of action related to civil immigration detainers and cooperation with federal immigration authorities.
626dFiled
Int 0214-2024
Creating a private right of action related to civil immigration detainers and cooperation with federal immigration authorities.
671dFiled
Int 2352-2021
Limiting the circumstances in which a person may be detained by the police department on a civil immigration detainer.
197dFiled
Int 0184-2022
Limiting the circumstances in which a person may be detained by the police department on a civil immigration detainer.
626dFiled
Int 0395-2024
Limiting the circumstances in which a person may be detained by the police department on a civil immigration detainer.
672dFiled
Int 2351-2021
Limiting communication between the department of correction and federal immigration authorities.
197dFiled
+ 44 more comparable bills
Sponsors (13)
Lifecycle
HeardHearing on P-C Item by Comm
2021-06-09 · Committee on Immigration
HeldP-C Item Laid Over by Comm
2021-06-09 · Committee on Immigration
HeardHearing on P-C Item by Comm
2021-06-09 · Committee on Criminal Justice
HeldP-C Item Laid Over by Comm
2021-06-09 · Committee on Criminal Justice
IntroducedIntroduced by Council
2021-06-17 · City Council
ActionReferred to Comm by Council
2021-06-17 · City Council
ClosedFiled (End of Session)
2021-12-31 · City Council
Heard at (3)
City Council · 2021-06-17 · 1:30 PM · - REMOTE HEARING (VIRTUAL ROOM 1) -
Committee on Criminal Justice · 2021-06-09 · 10:30 AM · - REMOTE HEARING (VIRTUAL ROOM 2) -
Committee on Immigration · 2021-06-09 · 10:30 AM · REMOTE HEARING (VIRTUAL ROOM 2)
Attachments (8)
- Summary of Int. No. 2348
- Int. No. 2348
- Committee Report 6/9/21
- Hearing Testimony 6/9/21
- Hearing Transcript 6/9/21
- June 17, 2021 - Stated Meeting Agenda with Links to Files
- Hearing Transcript - Stated Meeting 6-17-21
- Minutes of the Stated Meeting - June 17, 2021
Full text
Be it enacted by the Council as follows:
Section 1. Subdivision e of section 9-131 of the administrative code of the city of New York, as amended by local law number 228 for the year 2017, is amended to read as follows:
e. [No private] Private right of action. [Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city of New York or the department, or any official or employee thereof.] Any person detained in violation of this section, or their direct relative, may bring an action in any court of competent jurisdiction for a claim of unlawful detention in violation of this section, for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate. The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, to the prevailing party whenever the court determines such an award is appropriate. This section does not limit or abrogate any claim or cause of action such person has under common law or by other law or rule.
�2. Subdivision e of section 14-154 of the administrative code of the city of New York, as amended by local law number 228 for the year 2017, is amended to read as follows:
e. [No private] Private right of action. [Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city of New York or the department, or any official or employee thereof.] Any person detained in violation of this section, or their direct relative, may bring an action in any court of competent jurisdiction for a claim of unlawful detention in violation of this section, for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate. The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, to the prevailing party whenever the court determines such an award is appropriate. This section does not limit or abrogate any claim or cause of action such person has under common law or by other law or rule.
�3. Subdivision e of section 9-205 of the administrative code of the city of New York, as amended by local law number 228 for the year 2017, is amended to read as follows:
e. [No private] Private right of action. [Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city of New York or the department, or any official or employee thereof.] Any person detained in violation of this section, or their direct relative, may bring an action in any court of competent jurisdiction for a claim of unlawful detention in violation of this section, for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate. The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, to the prevailing party whenever the court determines such an award is appropriate. This section does not limit or abrogate any claim or cause of action such person has under common law or by other law or rule.
�4. This local law takes effect 60 days after it becomes law.
HKA
LS #17517
5/24/21
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