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EXCLUSIVE: Pol pushes to add immigration status to list of protected classes in N.Y. law

Sen. Michael Gianaris' (D-Queens) bill would make it illegal to discriminate against immigrants.
Mike Groll/AP
Sen. Michael Gianaris’ (D-Queens) bill would make it illegal to discriminate against immigrants.
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A top state Senate Democrat wants to add immigration status to the list of protected classes in New York’s civil rights law.

Sen. Michael Gianaris’ (D-Queens) bill would make it illegal to discriminate against immigrants — even those who are undocumented — when it comes to housing and public accommodations.

“Immigrants are under siege like never before,” Gianaris said. “Especially in a place like New York, it’s important to let immigrants know that they’re welcome and protected.”

A spokesman for the Senate GOP majority had no comment on whether the bill has a chance of coming to the floor.

Gianaris’ bill would add immigration status to race, color, national origin, ancestry, gender, religion, age, disability and sexual orientation on the list of anti-discrimination protections.

The senator said the bill is particularly needed in the wake of Donald Trump’s election as president in November.

“Certainly the hostility toward immigrants since election day has spiked,” he said. “That’s evident for all who want to see it.”

Gianaris, the son of Greek immigrants, does not yet have a sponsor in the Democrat-controlled Assembly, but doesn’t expect that will be difficult.

But the bill likely faces more of an uphill battle in his own chamber, where Republicans have consistently blocked creation of a state DREAM Act that would provide state tuition assistance to the children of undocumented immigrants.

“We know that the Senate majority has been hostile to issues that relate specifically to the undocumented,” Gianaris said. “This might be a way to get them to do something to protect immigrants without wading into an issue we know they disagree with us on.

“It’s a simple anti-discrimination measure,” he added. “Hopefully, they’ll see the light.”

The bill has the backing of the New York Immigration Coalition and the New York Civil Liberties Union.

NYCLU Executive Director Donna Lieberman called the exclusion of immigrants from the state’s anti-discrimination laws a “gap in our New York State safety net.”

“The need to fill those gaps is especially great in the face of the Trump presidency that is about to be upon us,” she said.

Lieberman also said she believes public schools should fall under the jurisdiction of the state Division of Human Rights in order to protect students who face discrimination and harassment. The state’s highest court in 2012 ruled that the Division of Human Rights lacked jurisdiction over discrimination and harassment complaints filedd by public school students. “This is a glaring gap in our law,” Lieberman said. Even with anti-bullying laws in place, they are not sufficient in providing kids civil relief, she said.