Cooperation of SCAAP Recipients in the Removal of Criminal Aliens from the United States (Redacted)
Audit Report 07-07
Office of the Inspector General
THE CITY OF NEW YORK
OFFICE OF THE MAYOR
NEW YORK, N.Y. 10007
EXECUTIVE ORDER No. 41
September 17, 2003
RELATING TO CITY POLICY CONCERNING IMMIGRANT ACCESS TO CITY SERVICES
WHEREAS, it is the policy of the City of New York to promote the utilization of its services by all of its residents who are entitled to and in need of them; and
WHEREAS, individuals should know that they may seek and obtain the assistance of City agencies regardless of personal or private attributes, without negative consequences to their personal lives; and
WHEREAS, the obtaining of pertinent information, which is essential to the performance of a wide variety of governmental functions, may in some cases be difficult or impossible if some expectation of confidentiality is not preserved, and preserving confidentiality in turn requires that governments regulate the use of such information by their employees; and
WHEREAS, in furtherance of this policy, confidential information in the possession of City agencies relating to immigration status or other personal or private attributes should be disclosed only as provided herein;
NOW, THEREFORE, by virtue of the power vested in me as Mayor of the City of New York, it is hereby ordered:
Section 1. As used herein, “confidential information” means any information obtained and maintained by a City agency relating to an individual’s sexual orientation, status as a victim of domestic violence, status as a victim of sexual assault, status as a crime witness, receipt of public assistance, or immigration status, and shall include all information contained in any individual’s income tax records.
Section 2. No City officer or employee shall disclose confidential information, unless
Agencies shall promulgate such rules as may be appropriate to detail circumstances in which confidential information may or may not be disclosed pursuant to this executive order. Any City officer or employee with a question relating to the disclosure of confidential information under this section shall consult with the general counsel of such officer’s or employee’s agency.
Section 3. Executive Order No. 34, dated May 13, 2003, is amended by adding a new subdivision d to read as follow:
Section 4. Sections 3 and 4 of such Executive Order are amended to read as follows:
Section 3. Information respecting aliens.
(1) Such person’s immigration status is necessary for the determination of program, service or benefit eligibility or the provision of City services; or
(2) Such officer or employee is required by law to inquire about such person’s immigration status.
Section 4. Law Enforcement Officers.
Section 5. This Order shall take effect immediately.
Michael R. Bloomberg
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