Statement May 13, 2003 concerning Purpose of New York City Executive Order 34 

Statement of Basis and Purpose of Executive Order  No. 34

New York City Policy Concerning Immigrant Access to City Services

May 13, 2003

To promote the public health, welfare, and safety, the City’s policy is to ensure that all its citizens, including aliens, have access to essential City services, such as health care, education, and law enforcement. In 1989, Mayor Koch issued Executive Order 124 to promote such access for aliens by requiring that information regarding the immigration status of persons availing themselves of City services to be kept confidential. The rationale for the Order was that many aliens who resided in New York City failed to avail themselves of City services, largely because they feared that any contact with a government agency would bring them to the attention of federal authorities. Because the public welfare suffers if aliens do not send their children to school, or do not obtain treatment for illness, or do not report crime because they fear being reported to immigration authorities, Executive Order 124 sought to alleviate that fear by prohibiting City workers from disclosing immigration status except where required by law, where an alien had consented to the disclosure, or where an alien was suspected of engaging in criminal activity.

Federal statutes and case law since 1996, however, have affected the Order’s reporting prohibition. Federal law now makes it impermissible for the City is restrict its employees from communicating with the federal government when they learn that a person is an undocumented alien, but it does not impose an affirmative obligation on City employees to report an alien to immigration authorities. The new Executive Order revokes Executive Order 124 and sets forth a revised but similar policy that reflects the recent changes in federal law. Although the new Executive Order does not contain a reporting prohibition, it continues the policy of ensuring that aliens have access to City services.

Under the new Executive Order, City employees, other than law enforcement officers acting in furtherance of any law enforcement operations, including criminal investigations will only be permitted to inquire about a person’s immigration status when such an inquiry is relevant to determining program, services or benefit eligibility, or for the provision of such services; or when it is otherwise required by law. At the same time, the Executive Order makes clear that City law enforcement officers, including members of the Police Department and the Department of Correction, will continue to cooperate with state, federal or international authorities in investigating and apprehending aliens who are suspected of criminal activity. Moreover the Police Department, the Correction Department or any other City agency may report a person’s immigration status to appropriate federal, state, or international authorities in furtherance of law enforcement operations, including criminal investigations. Finally, City agencies may develop individual policies, procedures and training programs, consistent with the Executive Order, to ensure the proper and timely administration of health, safety, and education programs and social services. In developing such policies, procedures and training programs, City agencies must work with the Office of Immigrant Affairs.