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Bill

S 10363

Enacts the "ICE contract transparency act"

2025 Regular Session Introduced by James Skoufis

Creates a public database of NY contracts with ICE for detention and related services, linking disclosure to potential debarment and eligibility.

REFERRED TO FINANCE
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WeVote Research Nonpartisan
Bill Summary · S 10363

Overview

  • Bill: S 10363 (New York)
  • Session: 2025-2026
  • Title: Enacts the "ICE contract transparency act"
  • Introduced by: Sen. Skoufis
  • Status: Referred to Finance (May 15, 2026)
  • Effective date: 90 days after enactment

Purpose and Intent

  • Establish a publicly accessible database to increase transparency around contracts between entities operating in New York and U.S. Immigration and Customs Enforcement (ICE).
  • Create disclosure requirements for contracts related to immigration detention facilities and related services.
  • Allow the state to identify and potentially disqualify entities that fail to file required contracts, thereby influencing eligibility for state contracts or awards.

Key Provisions

  1. New Section 94-c in Executive Law:

    • Creates “Database for contracts with federal immigration enforcement.”

  2. Scope and Definitions:

    • “Entity” means any person, business, or other legal entity operating in New York.

  3. Contract Disclosure Requirements:

    • Effective for contracts entered into on or after January 1, 2025, with ICE for purposes including but not limited to:
      • Leasing or operation of immigration detention facilities
      • Office facilities
      • Parking facilities
      • Related services
    • Filing deadline: Entities must file a copy of the contract with the New York Department of State within 30 days of contract execution.
    • For contracts entered into on or after January 1, 2025 and before the act’s effective date, filing must occur within 30 days after the act becomes law.

  4. Public Database:

    • The Department of State must maintain and publish a publicly accessible database of all filed contracts.
    • The database must include:
      • (a) Entity name
      • (b) Location receiving the contract and primary performance location
      • (c) Nature of the contract
      • (d) Any other relevant information specified by the Department of State

  5. Enforcement and Penalties:

    • Civil penalty up to $5,000 for failing to file a required contract.
    • The Department of State may determine a violation to make the entity a “non-responsible entity” and place it on a debarred and non-responsible list, per state law.
    • Entities listed as non-responsible remain on the list for five years or until the required filing is completed, whichever comes first.

Affected Parties

  • Entities operating in New York that enter into contracts with ICE (including for detention facilities and related services).
  • New York Department of State (administers the filing program and maintains the public database).
  • States’ procurement and contracting ecosystem, as entities may be disqualified from state contracts if non-compliant.

Procedural and Timeline Aspects

  • Effective date: 90th day after enactment.
  • Data collection window:
    • Contracts entered on/after Jan 1, 2025: 30-day filing window.
    • Contracts entered on/after Jan 1, 2025 and before effective date: 30-day filing window after enactment.
  • Public posting: Database must be promptly updated with filed contracts.
  • Penalties: Up to $5,000 civil penalty; potential debarment for five years (or until filing is completed).

Practical Impact

  • Increases transparency around private/public sector contracts with ICE by making details publicly available.
  • Creates a potential disincentive for entities to engage with ICE contracts if they prefer to avoid public disclosure or debarment risk.
  • Provides state officials with information to assess procurement integrity and compliance with reporting requirements.

Notes

  • No explicit exemptions are listed; applicability covers contracts with ICE for specified purposes beginning in 2025.
  • The act emphasizes public accountability and potential consequences for non-compliance.

Compiled from official sources — confirm details with the bill’s official record.

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