State Senator Mayer Proposes Bill to Prohibit ICE from Gaining Access to Schools without Judicial Order

By Dan Murphy

Westchester State Senator Shelley Mayer has submitted  Senate Bill # S8597, which would prohibit children from being denied access to a free public education due to citizenship or immigration status, and would deny ICE access to any NYS public school without a Judicial warrant.

Mayer recently appeared on the Susan Arbetter show on Spectrum, State of Politics.

“Our districts have done everything they should to keep enforcement activity outside of schools. Schools should be, I say, a sacred or secure place. And our schools have done a good job so far.

 “However, we see what happened in Minneapolis. And we see what happens in schools outside of Minneapolis, in the suburbs, where there are 20% of students who are immigrants children. Parents are keeping their children home because things are happening around schools.

“That little boy was picked up with his father walking home from school, the five year old boy with the hat. These are transformative events.

“Not only in that child’s life and their parents, but in the life of the school, and we have to prepare for it and take every step we can to prepare not only students, but teachers and staff.”

“My bill makes clear that schools have to have a consistent policy that’s filed with the state education department, and it has to have certain things in it. In order to come into a school, you must have a judicial warrant. And it has to be reviewed by someone with authority.

 “My bill also includes that every kid is entitled to enroll in a NY public school regardless of their immigration status or their parents status. We are also saying that school activities athletics or a play is covered by the same rules.

 “We want parents to be able to say, ‘ I want to see my kid play basketball. In the story  about the Minneapolis suburbs, you look at the picture of how many kids and parents came to the high school basketball game. The inside of the stadium is almost empty. As someone who knows how important these things are to kids and parents,  that’s what we face if we don’t do everything within our power.”

“We are drilling down to what is constitutional and that protects our families  and is the most we can do right now.  I’m so thankful for our leader (Majority Leader Stewart-Cousins) that we are going to do something,” said Mayer on the show, (https://nystateofpolitics.com/state-of-politics/new-york/politics/2026/02/02/n-y–senator-eyes-bill-to-prohibit-ice-from-accessing-schools-to discuss her bill)

After the show, Mayer posted, “Happy to sit down with Susan Arbetter at Capital Tonight to discuss my legislation (S8597/A10021), which affirms that every child has a right to a free public education in New York, regardless of immigration status, requires schools to have procedures for reviewing requests from immigration enforcement, and to prohibit schools from admitting immigration enforcement to school property without a valid judicial warrant or subpoena. We also spoke about the Governor’s proposed education plans in the executive budget.”

Senate Bill # S8597 states,

Prohibits children from being denied access to a free public education due to citizenship or immigration status.

This bill would affirm the right of every child to receive a free public education, regardless of their immigration or citizenship status, prohibit schools from admitting immigration enforcement to school property or a school function without a valid judicial warrant or subpoena, and require schools to take steps to protect students.

Subdivision 3 prohibits schools from threatening to disclose information about a student’s actual or perceived citizenship or immigration status or the status of a person associated with them, or disclosing such information to immigration authorities or another entity if they do not have direct knowledge of the student’s actual status, and prohibits schools from disclosing anything related to the records or information about the immigration status or a student or someone associated with them unless required by law.

Subdivision 4 prohibits schools from allowing immigration enforcement to enter school property or a school function without a valid judicial warrant or subpoena.