The Rockland County Legislature has publicized the full draft text of a proposed local law titled the “Safety and Dignity for All Act,” following the postponement of a scheduled public hearing on the legislation. The draft was shared alongside a message from Paul Cleary, chair of the Legislature’s Public Safety Committee, urging the public to review the bill directly.
This local law shall be known as the “Safety and Dignity for All Act.”
The County Legislature states that public safety is enhanced when residents, regardless of citizenship or immigration status, are able to access county services and cooperate with law enforcement without fear that their personal information will be used for civil immigration enforcement. At the same time, the Legislature emphasizes its responsibility to protect public safety and comply with both federal and state laws related to criminal acts committed by individuals residing in Rockland County. This duty includes assisting federal, state, and local authorities when they act in compliance with the law.
The Legislature explains that the purpose of the Act is to establish a framework that addresses tensions between individuals who have committed no crimes and those who have committed crimes, in order to guide Rockland County employees — including law enforcement personnel and other county workers — in their interactions with federal and state authorities regarding residents and others who are not legally present in the United States but have committed no crimes. The findings further state that the Act promotes constitutional policing, guards against unlawful detention, and ensures that county resources are used to advance local public safety and service delivery while continuing to uphold federal and state legal obligations.
The Legislature explicitly states that nothing in the law makes Rockland County a sanctuary county. Any limitations contained in the Act apply only to individuals employed by Rockland County, and the law does not apply to criminal acts as defined within the legislation. The Legislature asserts that claims suggesting the law enables criminals to avoid apprehension are erroneous or intentionally misleading and serve to sow distrust between communities.
For purposes of the Act, citizenship or immigration status is defined as an individual’s citizenship in the United States or any other country, as well as the statutory or regulatory right to reside in or otherwise be present in the United States under federal immigration law. Federal immigration authorities are defined as any federal agency or agent charged with enforcing the civil provisions of the Immigration and Nationality Act, including U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and U.S. Citizenship and Immigration Services.
County law enforcement agencies are defined as employees, agents, and officers of the Rockland County Sheriff’s Office, the Rockland County Correctional Facility, and the Rockland County Department of Probation. A civil immigration detainer or hold request is defined as a request issued under federal regulations asking a county law enforcement agency to maintain custody of an individual beyond their release eligibility to facilitate transfer to federal immigration authorities. Notification requests and transfer requests are defined as federal requests for information regarding release timing or for custody transfer.
A judicial warrant is defined as a warrant based on probable cause issued by a federal or state judge, including New York State judges. Administrative warrants or documents signed by federal agency employees related solely to immigration enforcement are explicitly excluded from this definition. Confidential information is defined to include information protected by federal or state law, as well as information related to domestic violence or assault victim status, victim or witness status, or public assistance status. Non-public information includes information not readily available to the public, such as home or work addresses, email addresses, release dates, and tax records.
A criminal act is defined as an investigation, charge, or conviction for any federal, New York State, or local crime, including misdemeanors and felonies, regardless of immigration status.
The law states that all county services shall be available to eligible individuals regardless of citizenship or immigration status, except where eligibility for specific services is contingent upon such status. County employees and law enforcement agencies are prohibited from inquiring into or requesting proof of immigration status unless required by law or necessary to determine eligibility for services. County resources may not be used to create registries for targeted immigration profiling based on race, gender, religion, ethnicity, national origin, or similar characteristics.
County law enforcement agencies and employees are prohibited from investigating or inquiring into immigration status, country of birth, or place of birth except when required by law, related to a criminal investigation, or provided voluntarily with informed consent. The law further prohibits county employees from threatening to contact federal immigration authorities or transmitting immigration-related information for purposes of intimidation.
County facilities, funds, personnel, or resources may not be used to detect or apprehend individuals based solely on actual or suspected immigration status, except in cases involving criminal acts. Law enforcement agencies may not stop, question, investigate, or arrest individuals solely due to immigration status, country of birth, or the existence of an administrative immigration warrant unless connected to a criminal act.
Communication with federal immigration authorities is prohibited unless required by law, related to a criminal investigation, or based on probable cause of terrorist activity. However, the Act clarifies that it does not restrict information sharing as required under federal law, including 8 U.S.C. § 1373.
County employees may not grant federal immigration authorities access to non-public county facilities or equipment unless required by law or due to exigent circumstances. Assistance may be provided to federal authorities in the same manner as to other agencies when pursuing criminal matters.
Federal immigration authorities may not interview individuals in county custody for civil immigration purposes without a judicial warrant or voluntary consent, unless related to a criminal investigation. Individuals in custody must be afforded access to legal counsel where required, and all inmates are guaranteed full due process rights under federal and state law.
The law prohibits delaying release from custody based on immigration status, civil detainer requests, or notification requests unless related to a criminal act. Detention or transfer based on civil immigration requests requires a judicial warrant. All individuals must be processed and released under the same procedures regardless of immigration status.
Individuals must be notified in writing when federal immigration authorities request detainers, transfers, or interviews. County employees are prohibited from performing the duties of federal immigration authorities or enforcing civil immigration law unless explicitly permitted or required by law. County resources may not be used for federal immigration detention unless required by law or court order.
The Act includes transparency provisions requiring reporting of policy changes related to interactions with federal immigration authorities. It does not create a private right of action but allows individuals to use existing administrative complaint procedures.
The law grants discretion to the Rockland County Sheriff to suspend application of the Act in individual cases if doing so is deemed necessary for public safety, with written justification provided to the County Executive and Legislature. The Rockland County District Attorney’s Office is exempt from the Act.
The provisions of the Act are severable, meaning that if any section is ruled invalid, the remaining provisions may still take effect. The Act would become effective sixty days after adoption.