New York State Intends to Pass Bill Offering Legal Aid to Immigrants

The State of New York is looking to pass a bill that would allow locals facing immigration issues, to receive legal assistance. The Access to Representation Act would allow low-income immigrants based in New York to receive free legal aid.

The bill is being sponsored by State Senator Brad Hoylman of Manhattan and Assemblywoman Catalina Cruz of Queens who are both Democrats. Immigration advocates have long called for the provision of legal representation for immigrants.

The bill would see the state establish a fund dedicated to the provision of legal aid.

According to reports, this fund would be worth $300 million.

If passed, the bill will assist immigrants who are state residents and others with a “significant nexus to New York”, being new arrivals or people who have been in New York for a long period of time. The legislation will apply to people in immigration detention, who have court cases in the state or are facing deportation, detention, or arrest. The legislation is meant to cater to low-income immigrants with a minimum annual household income of less than 200% of the federal poverty guidelines.

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“For an immigrant facing deportation, having an attorney on their case is not a luxury – it can be a matter of life or death. It can be the difference between someone staying in New York or being permanently separated from their family. I’m proud to introduce the amended Access to Representation Act, which will provide due process to all New Yorkers and bring some fairness to our broken immigration system. President Trump may be out of office, but we are still dealing with the aftermath of his administration’s failed policies – as well as new challenges resulting from the shameless actions of border state governors. I’m glad to be working with my colleague and co-sponsor, Assembly Member Catalina Cruz, and proud to have the support of this broad, diverse coalition as we fight together for this critical legislation,” Senator Hoylman said.

The legislation is reportedly supported by several organizations including the New York Immigration Coalition (NYIC), Immigrant ARC, and the Vera Institute of Justice.

The Office for New Americans’ (ONA) director would be responsible for drawing up an income criterion. The director would also have to ensure that the legal services are of high quality. A panel of advisors made up of elected officials, legal providers, and others would assist the director if the bill is passed.

The Assembly bill memo uses the 2016 American Immigration Council report to highlight the fact that non-citizens with legal representation were more likely to appear before an immigration court, win their case, and be released from detention. The report also showed that those detainees who had legal representation had a higher chance of fighting deportation and remaining in the United States.