Prohibits public entities from contracting with airlines that transport individuals who have been detained by U.S. immigration and customs enforcement without being afforded due process rights; prohibits certain sales and use tax exemptions on fuel sold to an airline that transports individuals who have been detained by U.S. immigration and customs enforcement without being afforded due process rights.
The bill seeks to amend existing laws concerning public contracts involving airlines, thus impacting state laws related to immigration enforcement at airports. Specifically, it outlines that any airline providing services that do not comply with due process standards, as laid out in the bill, will not be eligible for state contracts or tax exemptions on fuel. By doing so, A08188 aims to hold airlines accountable for their involvement in immigration enforcement, effectively curbing practices that may undermine constitutional rights, and ensuring state resources are not misused to facilitate unlawful deportations. This could lead to significant operational changes for airlines that have been involved with ICE in recent years.
A08188, titled the 'State Airport Facilities Enforcing Accountability in Immigration Removals (SAFE AIR) Act', is a proposed legislation in New York aimed at ensuring that public entities do not contract with airlines involved in transporting individuals detained by U.S. Immigration and Customs Enforcement (ICE) without due process rights being afforded to them. The bill stipulates that no state agency, authority, or public benefit corporation can enter into agreements with airlines that facilitate deportations unless demonstrable due process rights are adhered to, including the presence of valid judicial warrants and the right to legal counsel for those being transported. Such provisions reinforce the state's commitment to safeguarding civil liberties while managing public resources effectively.
The introduction of A08188 has sparked debate among legislators and advocates. Supporters argue that the bill is essential for protecting the rights of individuals affected by immigration policies, while opponents express concerns that it may unduly restrict cooperation between federal and state enforcement efforts. Critics worry that such measures might impede federal immigration operations or create legal complexities for airlines caught between federal mandates and state law. The balancing act of enforcing immigration accountability while respecting federal authority remains a focal point in discussions around the bill.