What's happening
This bill allows certain immigrants with past non-violent convictions to receive confidential consultation and help filing for executive clemency.
Why it matters
Expands support for immigrants with non-violent convictions. , enabling them to seek legal relief through executive clemency, which could help prevent deportation or other severe consequences stemming from past convictions.
Ensures privacy and confidentiality. by prohibiting the disclosure of personally identifiable information collected during these consultations and assistance processes, unless required by court order or with the individual’s consent—helping to build trust and reduce fear of seeking help.
May increase access to justice and due process. for a vulnerable group, potentially allowing individuals who have rehabilitated themselves to remain with their families and communities, rather than facing automatic or harsh immigration penalties because of old offenses.
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Who cares
Headline styles
Confidential Help for Immigrants
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Confidential Clemency Help for Immigrants
In Assembly Committee · Governmental Operations · Sponsor Michaelle C. Solages
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2429
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to providing certain immigrants with confidential consultation and assistance on potential petitions for executive clemency
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (m) and (n) of subdivision 5 of section 94-b of the executive law, as added by chapter 206 of the laws of 2014, are amended to read as follows:
(m) Encourage and assist local governments in the development of activities to enhance civic engagement among immigrants and in immigrant communities; [and]
(n) Provide or arrange for confidential consultation with an immigrant who has a prior conviction for one or more offenses or crimes, other than violent crimes or other crimes of a serious nature that might justify deportation of such individual, on the potential availability of executive clemency pursuant to article two-A of this chapter, and provide or arrange for assistance with the filing of petitions therefor; and
(o) Beginning in two thousand fifteen, by June fifteenth of each year, produce a report to the governor, the speaker of the assembly, and the temporary president of the senate describing the activities of the office, including but not limited to, summarizing calls received through the hotline and website, information on ESOL training services provided by the office, the number of immigrants assisted through the opportunity centers, or an estimation thereof, the status of any workforce development programs, and any other relevant information.
§ 2. Notwithstanding any other provision of law, unless disclosure is required by lawful court order, no personally-identifiable information obtained by the Office for New Americans or any agent thereof for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05128-01-9
S. 2429 2
purpose of confidential consultation and assistance related to a potential petition for executive clemency shall be disclosed to any other person or entity without the consent of the individual to whom such information pertains.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to providing certain immigrants with confidential consultation and assistance on potential petitions for executive clemency
Purpose or general idea of bill
To provide confidential advice and assistance regarding executive clem- ency in order to help prevent unjust deportation of immigrants residing in New York who have prior convictions involving petty crimes and other non-violent, less serious offenses.
Summary of specific provisions
Bill § 1 adds a new paragraph (n) to subdivision 5 of Executive Law § 94-b to make it a power and responsibility of the Office for New Ameri- cans (ONA) to provide or arrange for confidential consultations with an immigrant who has a prior conviction for one or more offenses or crimes, other than violent crime s or other crimes of a serious nature that might justify deportation of such individual, on the potential avail- ability of executive clemency, and to provide or arrange for assistance with the filing of petitions where appropriate.
Read the full memo (617 words)
Bill § 2 provides that notwithstanding any other provision of law, unless disclosure is required by lawful court order, no personally-iden- tifiable information obtained by ONA or its agents for the purpose of confidential consultation and assistance related to a potential petition for executive clemency shall be disclosed to any other person or entity without the consent of the individual to whom such information pertains.
Effects of present law which this bill would alter
Anyone may petition for executive clemency, but there is no current process for screening applicants convicted of minor offenses that might be used in deportation proceedings.
Justification
This bill would help protect of immigrants, whether of undocumented or legal status, with prior records involving petty offenses for which deportation would be an unjust additional penalty. Recent changes in Federal immigration policy permit the targeting of immigrants with minor offenses that previously had been low priorities for immigration enforcement. As a result, long-time community members are being deported for old convictions of minor offenses which in many cases did not even result in any jail time, such as unlicensed driving, shoplifting, tres- passing or traffic violations.
The existing Constitutional power of executive clemency can be used to stop such unjust deportations in some cases. In fact, the form currently used for pardon requests includes specific sections for supplying immi- gration-related information. In prior years the pardon power has been used to prevent deportation in a few cases, but dues to changes in poli- cy at the Federal level this aspect of the process needs to be made more visible and effective. In 2010, the previous Governor instituted a Special Immigration Board of Pardons which was specifically charged with reviewing clemency requests made to prevent deportations. This bill would create a similar process that draws upon ONA, an agency created since that time, in order to take advantage of its linkages to the immigrant community and to legal service providers with expertise in immigration law. ONA would provide consultation and help with clemency petitions, either directly or via arrangements with publicly-funded or non-profit organizations or pro bono counsel.
Due to the complexities of immigration law, not all pardons are accepta- ble as precluding deportation. Therefore, a confidential process is needed to evaluate and assist potential deportees as to whether seeking clemency would be advisable in their specific case. This bill provides for the complete confidentiality of all personally-identifiable informa- tion obtained in the process of consultation and assistance, unless waived by the individual to whom it pertains.
Prior legislative history
A. 8037 of 2017,2018- Referred to Governmental Operations
Fiscal implications for state and local governments
None.
Effective date
Sixtieth day after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.