What's happening
This bill ensures unaccompanied minors without lawful immigration status in New York receive health, legal, and social services, including legal representation and language support.
Why it matters
Expands access to trauma-informed, culturally competent care. Unaccompanied minors will receive not only basic health services but also specialized mental health and trauma-informed support, recognizing the unique challenges and past experiences many face due to migration and family separation.
Guarantees state-funded legal representation and language services. The bill mandates that unaccompanied minors have access to free legal counsel and qualified interpreters for all immigration and related proceedings, aiming to reduce barriers that often leave children navigating complex legal systems alone.
Clarifies that accessing these services won’t jeopardize immigration status. By specifying that these supports are not “public benefits” under federal law, the bill seeks to reassure minors and sponsors that using these services will not negatively affect current or future immigration applications or status.
Creates structured coordination and oversight. The establishment of an immigration services liaison and requirements for informational materials in multiple languages ensures that unaccompanied minors and their sponsors receive timely, accurate information and referrals, making it less likely that vulnerable children fall through bureaucratic cracks.
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Who cares
Unaccompanied minors without lawful immigration status
Eligible children would gain access to health and behavioral health supports, school enrollment assistance and state-funded legal representation in immigration proceedings, including appeals.
New York sponsors and child care agencies
Agencies and out-of-state care providers releasing eligible children to New York sponsors would have to provide service referrals, informational materials and notice of the child's right to counsel.
Office for New Americans
The office would establish an immigration services liaison and facilitate state-funded legal representation and related assistance for eligible minors.
Legal aid societies and immigration attorneys
The bill would authorize agreements with qualified nonprofit legal providers and state payment for counsel and related services, while prohibiting providers from charging the children fees.
Headline styles
Support for Immigrant Children
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to children and families
- Print number 6225b
- Amend and recommit to children and families
- Print number 6225a
- Amend (t) and recommit to children and families
- Referred to children and families
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.
Aid for Immigrant Minors
Assembly Floor Calendar · Sponsor Andrew Hevesi
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6225--B
2019-2020 Regular Sessions
IN SENATE
May 24, 2019
Introduced by Sens. BIAGGI, BENJAMIN, CARLUCCI, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, the executive law, and the public health law, in relation to providing for supports and services for unaccompanied minors with no lawful immigration status
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the social services law is amended by adding a new subdivision 39 to read as follows:
39. "Unaccompanied minor" shall mean a child who, prior to release to a New York resident sponsor, was in the custody of the federal office of refugee resettlement and:
(a) has no lawful immigration status in the United States;
(b) had not attained eighteen years of age prior to being taken into federal custody; and
(c) was not accompanied by a parent or legal guardian upon entry to the United States or was accompanied by a parent or legal guardian but subsequently separated from that parent or legal guardian upon entry to the United States.
§ 2. Article 5 of the social services law is amended by adding a new title 12-A to read as follows:
TITLE 12-A
SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS Section 370-c. Supports and services for unaccompanied minors.
370-d. Informational materials.
§ 370-c. Supports and services for unaccompanied minors. 1. Unaccompanied minors, as defined under section two of this chapter, shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11723-09-9
S. 6225--B 2
eligible for a range of appropriate services and supports, which shall be beneficial to the health, safety, and well-being of such minors. Such services shall include, but not be limited to: health and behavioral health services covered under paragraph (k) of subdivision two of section twenty-five hundred eleven of the public health law; individual counseling sessions with social workers; legal services provided under section three hundred ninety-four of this chapter, which shall include culturally and linguistically appropriate services provided by attorneys, interpreters, and other support staff for representation in state court proceedings, federal immigration proceedings, and any appeals arising from such proceedings; language services; employment assistance; bilingual support groups; and assistance with educational rights and enrollment in public schools. Such support and services shall not be deemed public benefits that would affect an unaccompanied minor's immigration status under 8 USC 1182, as amended, and any regulations promulgated thereunder.
2. Such services and supports shall be identified by an immigration services liaison under section ninety-four-b of the executive law, which shall, to the extent practicable, connect each unaccompanied minor with resources in order to access such supports and services identified in subdivision one of this section. The immigration services liaison shall connect with unaccompanied minors prior to release to a sponsor determined to be appropriate by the federal office of refugee resettlement, to the extent practicable, but no later than upon referral pursuant to section three hundred seventy-four-g or three hundred ninety-three of this chapter.
3. Any individual or program providing such services and supports or otherwise providing assistance to the unaccompanied minor shall ensure they receive trauma informed training as well as training on how to identify and appropriately react to unaccompanied minors who may have experienced adverse childhood experiences. In addition, any services, supports or assistance shall be provided in a culturally competent manner.
§ 370-d. Informational materials. 1. The office of children and family services, in consultation with the office of mental health and the office for new Americans, shall develop informational materials for authorized agencies, as defined in paragraph (a) of subdivision ten of section three hundred seventy-one of this chapter and out of state care providers. Such informational materials shall include contact information for immigration services liaisons, as well as a general description of the benefits unaccompanied minors as defined in section two of this chapter are eligible for, pursuant to subdivision one of section three hundred seventy-c of this title.
2. The informational materials shall be made available in English and the six most common non-English languages spoken by individuals with limited-English proficiency in the state of New York, based on United States census data, and shall be published on the office of children and family services, the office of mental health and the office for new Americans' websites.
§ 3. The social services law is amended by adding a new section 394 to read as follows:
§ 394. Legal representation of unaccompanied minors. 1. An unaccompanied minor, as defined in section two of this chapter, or minor in the custody of the federal office of refugee resettlement while in the care of an authorized agency, as defined in paragraph (a) of subdivision ten of section three hundred seventy-one of this article, who is present in
S. 6225--B 3
this state and against whom an immigration proceeding may be or has been commenced shall be entitled to representation by counsel through the completion of such proceeding, including appeals and/or obtaining status and other related assistance, pursuant to section ninety-four-c of the executive law, including interpretation or translation services pursuant to subdivision five of this section.
2. Representation and related assistance provided in accordance with this section shall be a state charge, pursuant to section ninety-four-c of the executive law.
3. (a) Upon receipt from a federal immigration authority of a civil immigration detainer, or a request for transfer, notification, interview, interrogation or other request, an authorized agency, or agent thereof, shall provide to the child, who is the subject of such detainer or request, such child's sponsor, if sponsored, and such child's counsel, if represented:
(i) notification of such detainer or request;
(ii) a copy of such detainer or request;
(iii) notice regarding such child's right to counsel pursuant to this section if such child is without counsel at the time of such detainer or request; and
(iv) information as to whether or not such agency intends to comply with such detainer or request.
(b) If such child is under the age of five at the time such detainer or request is received, such information required pursuant to paragraph (a) of this subdivision shall only be provided to such child's sponsor, if sponsored, and such child's counsel, if represented.
4. Notwithstanding the provisions of subdivision one of this section, a child in the care of an authorized agency may request to be interviewed by a federal law enforcement agency or an agent thereof only with written authorization by such child's counsel, provided that if such child is not represented and is entitled to counsel pursuant to this section, he or she shall be notified of such right and provided a reasonable opportunity to obtain such counsel before any such interview.
5. In addition to any other right to the assistance of interpretation or translation services, any foreign-born child, or child not proficient in the English language, to whom inquiry is made pursuant to this section shall be entitled to the assistance of a neutral and qualified interpreter or translator, as the case may be, with respect to such inquiry, provided at no cost or expense to such child.
6. This section shall supersede conflicting local laws, rules, policies, procedures and practices, except to the extent that the provisions of any such local law, rule, policy or any such procedure or practice may provide any additional or greater right or protection. Nothing in this section shall prohibit any authorized agency from cooperating with a federal immigration authority to the extent required by federal law. Nothing in this section shall be interpreted or applied so as to create any power, duty or obligation in conflict with federal law.
§ 4. 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 and a new paragraph (o) is added 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) 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
S. 6225--B 4
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[.]; and
(o) Establish an immigration services liaison to assist unaccompanied minors as defined in section two of the social services law, in order to access appropriate supports and services for such minors. The office may work in conjunction with the office of temporary and disability assistance, the office of children and family services and the office of mental health in order to effectuate their duties under this provision.
§ 5. The social services law is amended by adding a new section 374-g to read as follows:
§ 374-g. Unaccompanied minors released by authorized agencies. 1. Every authorized agency as defined in paragraph (a) of subdivision ten of section three hundred seventy-one of this title, that releases an unaccompanied minor, as defined in section two of this chapter, in New York to a sponsor that is a New York resident, and deemed to be appropriate by the federal office of refugee resettlement, shall provide the unaccompanied minor and their sponsor with: (a) direct referrals to immigration services liaisons under section ninety-four-b of the executive law; (b) informational materials developed by the office of children and family services, informing them of available supports and services the unaccompanied minor is eligible for upon release into New York as defined in section three hundred seventy-c of this chapter; and (c) notification of such minor's right to counsel under section three hundred ninety-four of this title.
2. Such informational materials shall be provided to both the unaccompanied minor and the sponsor, unless such unaccompanied minor is under the age of five, in which case such informational materials may be provided solely to the sponsor.
§ 6. The social services law is amended by adding a new section 393 to read as follows:
§ 393. Unaccompanied minors released by out of state care providers. 1. Every out of state care provider that releases an unaccompanied minor, as defined in section two of this chapter, in New York to a sponsor that is a New York resident, and deemed to be appropriate by the federal office of refugee resettlement, shall provide the unaccompanied minor and their sponsor with: (a) direct referrals to an immigration services liaison under section ninety-four-b of the executive law; (b) informational materials developed by the office of children and family services, informing them of available supports and services the unaccompanied minor is eligible for upon release into New York as defined in section three hundred seventy-c of this chapter; and (c) notification of such minor's right to counsel under section three hundred ninety-four of this title.
2. Such informational materials shall be provided to both the unaccompanied minor and the sponsor, unless such unaccompanied minor is under the age of five, in which case such informational materials may be provided solely to the sponsor.
§ 7. Subdivision 2 of section 2511 of the public health law is amended by adding a new paragraph (k) to read as follows:
(k) Where an applicant for a subsidy payment pursuant to subdivision three of this section is an unaccompanied minor as defined in section two of the social services law, such unaccompanied minor shall be eligible for such subsidy.
S. 6225--B 5
§ 8. Subdivision 7 of section 2510 of the public health law, as amended by chapter 428 of the laws of 2013, is amended to read as follows:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, the executive law, and the public health law, in relation to providing for supports and services for unaccompanied minors with no lawful immigration status
Purpose or general idea of bill
This bill would provide supports and services for unaccompanied minors that are released to a sponsor in New York State.
Summary of provisions
Section 1 provides a definition for an unaccompanied minor.
Read the full memo (923 words)
Section 2 outlines supports and services to be provided to unaccompanied minors: public assistance, health and behavioral health services under CHP, counseling sessions with social workers, legal services, language services, employment assistance, bilingual support groups, and enroll- ment in public school. It requires programs providing services and supports to receive trauma informed training and training on how to identify and react to unaccompanied minors who may have experienced adverse childhood experiences. Also requires the Office of Temporary and Disability Assistance (OTDA), Office of Children and Family Services (OCFS), Office of Mental Health (OMH) and Office for New Americans (ONA) to work together to create informational materials to include contact information for immigration services liaisons and a general description of benefits the unaccompanied minor may be eligible for. Informational materials shall be made available in English and the six most common non-English languages and posted on the respective agencies websites.
Section 3 provides for legal representation for an unaccompanied minor for a removal proceeding when the child was present in this state or resided in state when questioned/taken in to custody, or is detained.
Section 4 creates immigration service liaisons within the Office for New Americans, to assist unaccompanied minors to access appropriate supports and services.
Section 5 requires foster care agencies in New York State to provide unaccompanied minors and their sponsors with direct referral to immi- gration service liaisons and informational materials informing them of available supports and services.
Section 6 requires foster care agencies located outside of the State but placing an unaccompanied minor in New York State to provide unaccompa- nied minors and their sponsors with direct referral to immigration service liaisons and informational materials informing them of available supports and services.
Section 7 and 8 ensures unaccompanied minors are eligible for emergency medical assistance and safety net assistance.
Section 9 allows unaccompanied minors to be eligible for Child Health Plus (CHP).
Section 10 provides CHP coverage to include mental health rehabilitation services and care and treatment for adverse childhood experiences. Section 11 requires compensation of assigned counsel in immigration related matters.
Section 12 provides a severability clause.
Section 13 provides effective date.
Justification
In April 2018, United States Attorney General Jeff Sessions officially announced the Zero Tolerance Policy, which directed federal prosecutors to criminally prosecute all adult migrants entering the country illegal- ly. This policy change led to the separation of families because chil- dren cannot be held in a detention facility with their parents under 8 U.S.C. § 1232(c)(2), which requires children in custody to be held in the least restrictive setting that is in the best interest of the child. The children separated from their parents or relatives are immediately placed into the custody of the Department of Homeland Security (DHS). In most cases, DHS transfers the custody of these children to the Office of Refugee Resettlement (ORR) within 72 hours. ORR has contracts with foster care agencies in 17 states including New York State. These foster care agencies are tasked with finding each child a sponsor that must be a 'suitable person' for the child to live with. A suitable person can include a parent, a relative, or other fictive kin, which are adults with a positive relationship with the child including a stepparent, godparent, or family friend. The Children that were separated from their families have experienced trauma as a direct result of the actions of the federal government of the United States of America. These same chil- dren have also traveled thousands of miles to escape armed conflict, violent crime, endemic poverty, natural disasters, discrimination and other forms of oppression in their home countries.
According to the American Academy of Pediatrics, "highly stressful expe- riences, like family separation, can cause irreparable harm, disrupting a child's brain architecture," and that "prolonged exposure to serious stress known as toxic stress - can carry lifelong consequences for chil- dren." The traumatic separation from a parent is on the list of Adverse Childhood Experience (ACES) that cause toxic stress.
Toxic stress is the "strong, frequent or prolonged activation of the body's stress response systems." The physiological responses to toxic stress include increased levels of stress hormones, cortisol, norepi- nephrine, and adrenaline. High levels or prolonged exposure to these hormones are toxic to the body and brain. Scientists have found that exposure to toxic stress and the elevated levels of stress hormones damage the structure and function of a child's developing brain. The results for children who have experienced trauma and the toxic stress it produces can include learning difficulties, behavioral problems, and difficulty regulating emotions and potentially debilitating physical and mental health issues.
The Zero Tolerance Policy intentionally inflicted trauma upon these children. New York State must act to ensure that this vulnerable popu- lation has access to a full range of supports and services necessary to ensure their health, safety and well-being.
Prior legislative history
This is a new bill.
Fiscal implications
Undetermined.
Effective date
Section 3 of this act shall take effect immediately and the remaining sections that effect on the sixtieth day after the bill becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.