Assemblyman Andrew Molitor is wading into the debate over the state’s sanctuary status with a new bill that would make all offenses for non-citizens bail eligible.

Molitor introduced his bill (A.7565) earlier this week in the Assembly. The Westfield Republican proposes amending the state’s Criminal Procedure Law and the Penal Law to allow law enforcement in New York to arrest, detain, and hold non-citizens that have been arrested for misdemeanor or felony offenses. It also reinstates the maximum punishment for misdemeanors to one year, making those offenses bail eligible.

“New York is a self-professed ‘sanctuary state,’ meaning that it does not recognize federal immigration law. Non-citizens from countries all around the world come to New York State, after entering the United States illegally, and begin receiving benefits including free housing, public assistance benefits, free cash assistance, and free schooling,” Molitor wrote in his legislative justification. “While in New York, some non-citizens commit crimes, misdemeanor or felony offenses, and are shielded from deportation by the state’s laws, regulations, and policies.”

Recent AP-NORC polling showed immigration remains a strength for President Donald Trump, but his handling of tariffs is getting more negative feedback. About half of U.S. adults approve of Trump’s approach to immigration, the survey shows, but only about 4 in 10 have a positive view of the way he’s handling the economy and trade negotiations. The AP reported this week the poll indicates that many Americans are still on board with Trump’s efforts to ramp up deportations and restrict immigration.

Molitor holds a similar view.

“The federal government, receiving wide-spread public support in the 2024 general election, has begun deporting non-citizens. The federal government has begun deporting non-citizens that have committed additional crimes while in the United States illegally; some crimes committed were especially heinous,” Molitor wrote in his legislative justification. “Government’s basic purpose is to keep its citizens safe. This bill aims to accomplish that basic purpose with a common sense approach by allowing law enforcement and courts to cooperate with federal immigration officials.”

In the past few weeks, Trump’s administration has been locked in a court struggle over the deportation of Venezuelan immigrants to El Salvador under an 18th century wartime law, made moves to deport foreign students who took part in pro-Palestinian demonstrations at colleges, and attempted to suspend the nation’s refugee admissions system. Voters who said immigration was their most important issue last November overwhelmingly favored more restrictive policies, according to AP VoteCast, a sweeping survey of more than 120,000 voters. The issue was also a higher priority for Americans heading into 2025 than it had been the previous year.

Immigration and Customs Enforcement agents have been active in the northern part of Chautauqua County, with immigration actions taking place in January and again in March. In January, the Hochul administration released a list outlining the types of deportation cases in which state law enforcement may be willing to cooperate with federal immigration officials. This list includes situations where a person is suspected of crossing the border without stopping at an official port of entry or reentering the country after being deported, according to The Center Square, as well as when a person’s immigration status is “relevant to the investigation of a crime” committed in the state or if that person is suspected of a “multinational” criminal activity, such as working for a drug cartel.

But, Hochul has also been critical of county sheriff’s who have signed agreements to work with ICE agents, including sheriff’s offices in Broome and Nassau counties.

“While some may ask: why is New York a ‘sanctuary state?’ the underlying intent of this bill asks a simpler question: why does New York want non-citizens who have committed crimes in New York to stay here?” Molitor asked in his legislative justification.