Immigration has traditionally been regulated solely through the federal system on account of the legislative principle of preemption. States were barred from passing their own immigration laws in order to prevent a tangle of inconsistent laws. However, in an environment concerned about terrorist attacks and with citizens increasingly anxious about unregulated immigrant populations and the associated risks, a number of states have passed laws relating to immigrants. Although these states cannot create new immigration laws, or change the existing federal immigration laws, they now commonly pass laws that impact which services and benefits are available within the state and an increasing number of circumstances can result in inquiries about a person's immigration status, or the notification of the Immigration Service where violations are discovered.
Some states and cities have attempted to provide protections for undocumented immigrants. "Sanctuary Cities" promise not to inquire after residents' immigration status, or refuse to hold or transfer prisoners into federal immigration custody under certain circumstances. Others have set requirements for law enforcement officials to do exactly these things. New York, whose history is rich with contributions by immigrants, and is also the epicenter of terrorist threat in the country, takes a middle path.
Welcome to FindLaw's coverage of existing New York legislation and rules related to individuals' immigration status. Below you will find information on what, if any, rules New York has regarding immigration checks by law enforcement, educational institutions, and employers, as well as the existence of E-Verify requirements, restrictions on public benefits based on an individual's immigration status, and more.
Law Enforcement and Immigration in New York
Under a federal program called "Secure Communities," all arrestees are fingerprinted and run through a federal database which checks their criminal record and immigration status.
Employment & Immigration
Refer to federal employment eligibility verification rules and the requirements for Form I-9.
New York E-Verify Requirements
No E-Verify requirement.
Driver's License/ID Requirements
Must present a valid Social Security card, proof of birthdate (U.S. passport, immigration documents, military ID or foreign passport with USCIS documentation) and proof of name and identity.
Public Benefits Restrictions
Under federal law, illegal immigrants are prohibited from receiving most public benefits. However, they are allowed to receive emergency services, health care and other programs that have been deemed "necessary to protect life and safety."
Voting ID Rules
No voter identification requirement.
Housing Ordinances and Immigration
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Contact an Attorney to Learn More About New York State Immigration Laws
Immigration issues can involve multiple agencies, including possible state agencies. Successfully navigating the immigration system can involve dozens of different applications and require considering all the unique aspects of your individual circumstances. Considering the complexity of the immigration system, it's always a good idea to contact a local immigration attorney to discuss your specific situation.
Contact a qualified immigration attorney to help you get the best results possible.