Rochester, NY Immigration Policy: Sanctuary Policy Preemption (2026)

Article III of the Human Rights chapter, adopted August 26, 2025 by Ord. No. 2025-283, formally codifies protections that had existed only as City Council resolutions (Resolution Nos. 86-29 and 2017-5) recognizing Rochester as a City of Sanctuaries for Immigrants. Section 63-21 makes it unlawful for the City, and for anyone under agreement with the City, to prohibit or discourage immigrants or their children from seeking opportunities, reporting crimes, or accessing services because of their actual or perceived immigration status. It specifically bars the Police Department from engaging in activity solely to enforce federal immigration law, including asking a crime victim, witness or person seeking help about their immigration status unless necessary to a criminal investigation, and bars police from stopping, questioning, interrogating, investigating or arresting anyone based solely on actual or suspected immigration or citizenship status.

City personnel are also barred from asking for or requesting proof of immigration status or citizenship when providing services or benefits, except where a benefit is legally conditioned on status or an inquiry is otherwise required by law or a criminal investigation. Finally, the City cannot use its funds or personnel to enforce federal immigration policy, or take part in a registration program based on national origin or immigration status, except where federal, state or constitutional law specifically requires it. Section 63-20's findings explain the law responds to a January 20, 2025 federal executive order that replaced a policy prioritizing violent criminal aliens with one that prioritizes all undocumented immigrants and calls for detaining every immigrant until their case resolves.