Creates the New York immigrant family unity pilot program

BILL NUMBER:S2015

Title of bill

An act to amend the executive law, in relation to the "New York immigrant family unity pilot program"; and providing for the repeal of such provisions upon expiration thereof

Purpose

This bill defines and provides a right to state-appointed counsel in immigration removal proceedings for indigent detained New Yorkers being held for deportation proceedings.

Summary of provisions

Section 1 is the title.

Section 2 adds a new section 94-c to the executive law to create a pilot program to provide counsel to indigent individuals facing deportation.

Section 3 is the effective date

Justification

In New York the impact of deportation on families is of particular significance since over twenty percent of New York State residents are foreign-born. Deportations can have devastating effects on families and tear the fabric of communities across the state. Without counsel it is virtually impossible for detained individuals to avoid deportation, regardless of whether the individual has a strong claim for relief or a viable defense. Recently, New York City has started a pilot program which has shown early successes. This bill is aimed at providing representation for more New Yorkers and evaluating the viability of a state-wide program.

This pilot program addresses the compelling need to protect New Yorkers and New York families against the injustices inherent in the current deportation system. It is a system where New Yorkers are locked up and forced to litigate against trained government attorneys without access to counsel, leading to wrongful deportations and unnecessarily broken New York families.

Deportations take an economic as well as a human toll on the State of New York. When New Yorkers are wrongfully deported, families become dependent on various state services, tax revenue is lost and employers incur significant disruptions. It makes economic sense to provide representation to eligible New Yorkers because doing so reduces the costs that burden New York employers, the state government, immigrant families", and New Yorkers as a whole.

New York State respects the exclusive province of the federal government to regulate immigration and the flow of immigrants into and out of our country. New York State, however, maintains the authority to provide for the health, safety and welfare of its residents and its

right to protect its residents, communities, and employers. There is nothing in this act that should be read to conflict with federal law.

Legislative history

2014: S7052/A9192 - Finance Committee/Ways & Means Committee

Fiscal implications

To be determined.

Effective date

This act shall take effect April 1, 2016 and shall expire two years after such effective date.