NY State Senate Bill 2013-S7052

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 23, 2014	referred to finance

2013-S7052 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §94-b, Exec L
Versions Introduced in 2015-2016 Legislative Session:: S2015

2013-S7052 (ACTIVE) - Summary

Creates the New York immigrant family unity pilot program.

2013-S7052 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7052

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 creates 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:


New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect April 1, 2015 and shall expire two years
after such effective date.

2013-S7052 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7052

                            I N  S E N A T E

                             April 23, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- 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 the  "New  York  immi-
  grant  family  unity  pilot  program"; and providing for the repeal of
  such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York immigrant family unity pilot program".
  S 2. The executive law is amended by adding a new section 94-b to read
as follows:
  S 94-B. PROVISION OF  COUNSEL  TO  DETAINED  INDIGENT  INDIVIDUALS  IN
REMOVAL  PROCEEDINGS PILOT PROGRAM.  1. DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION:
  (A) "RESIDENT OF THE STATE OF NEW YORK" SHALL MEAN A PERSON WHO  LIVES
IN  NEW  YORK  STATE  WITH THE INTENT TO MAKE NEW YORK STATE A FIXED AND
PERMANENT PLACE TO LIVE. ANYONE CURRENTLY RESIDING IN THE STATE  OF  NEW
YORK  WHO HAS LIVED IN THE STATE FOR AT LEAST NINETY DAYS IS PRESUMED TO
BE A RESIDENT OF NEW YORK STATE.
  (B) "FINANCIALLY UNABLE TO OBTAIN COUNSEL" SHALL MEAN THAT AN INDIVID-
UAL'S HOUSEHOLD INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDER-
AL POVERTY GUIDELINES SET FORTH IN 42 U.S.C. S 9902(2).
  (C) "IMMIGRATION COURT" SHALL MEAN THE COURTS UNDER  THE  JURISDICTION
OF  THE  EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNDER THE DEPARTMENT OF
JUSTICE.
  (D) "LEGAL SERVICE PROVIDERS" SHALL MEAN PRIVATE LAW FIRMS,  NONPROFIT
LEGAL SERVICE ORGANIZATIONS, OR ANY COMBINATION THEREOF.
  2.  RIGHT  TO COUNSEL IN IMMIGRATION COURT; ELIGIBILITY. (A) THE RIGHT
TO STATE-APPOINTED COUNSEL SHALL BE EXTENDED  TO  ANY  RESIDENT  OF  THE
STATE  OF  NEW  YORK  WHO IS DETAINED BY THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, IS FINANCIALLY UNABLE TO RETAIN COUNSEL, AND IS BEING
HELD FOR REMOVAL PROCEEDINGS IN THE STATE OF NEW YORK OR  WITHIN  TWENTY
MILES OF THE STATE OF NEW YORK.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14448-02-4

S. 7052                             2

  (B)  SUCH  RIGHT  TO COUNSEL SHALL ATTACH FROM THE COMMENCEMENT OF THE
PROCEEDING; IF HOWEVER AN INDIVIDUAL IS NOT INITIALLY ELIGIBLE FOR  SUCH
RIGHT  TO  COUNSEL, SUCH RIGHT SHALL ATTACH AT THE POINT THEREAFTER WHEN
SUCH INDIVIDUAL BECOMES ELIGIBLE FOR STATE APPOINTED COUNSEL.
  (C)  SUCH RIGHT TO COUNSEL SHALL REQUIRE REPRESENTATION OF SUCH ELIGI-
BLE INDIVIDUAL IN COURT, REGARDLESS OF THE LOCATION  OF  THE  INDIVIDUAL
THROUGHOUT THE PROCEEDINGS.
  3.  CONTRACTS  WITH  LEGAL  SERVICE  PROVIDERS.  (A) THE DEPARTMENT OF
STATE, IN CONSULTATION WITH THE OFFICE OF INDIGENT LEGAL SERVICES, SHALL
CONTRACT WITH LEGAL SERVICE PROVIDERS TO GUARANTEE THE PROVISION OF  THE
LEGAL  SERVICES REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION AND SHALL
OVERSEE AND TAKE ALL STEPS NECESSARY TO ENSURE  THE  EFFECTIVE  ADMINIS-
TRATION OF THE PROVISION OF SERVICES REQUIRED UNDER THIS SECTION.
  (B)  SUCH CONTRACTS SHALL PROVIDE FOR THE REPRESENTATION OF QUALIFYING
INDIVIDUALS AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, AT NO CHARGE,
IN THE FOLLOWING PROCEEDINGS:
  (I) THE FIRST OR ANY  SUBSEQUENT  APPEARANCE  IN  AN  INSTANT  REMOVAL
PROCEEDING BEFORE THE IMMIGRATION COURT;
  (II)  A  PROCEEDING  SEEKING  RELEASE FROM UNITED STATES DEPARTMENT OF
HOMELAND SECURITY CUSTODY; AND
  (III) IN ANY APPEAL TO THE BOARD OF IMMIGRATION APPEALS.
  (C) SUCH CONTRACTS SHALL ALSO PROVIDE REIMBURSEMENT  FOR  BASIC  LEGAL
SUPPORT  SERVICES  INCLUDING,  BUT  NOT  LIMITED TO, ACCESS TO NECESSARY
EXPERTS, TRANSLATION AND INTERPRETATION SERVICES, SOCIAL WORK AND MENTAL
HEALTH ASSESSMENT SERVICES, AND INVESTIGATIVE SERVICES. WHERE  PRACTICA-
BLE, SUCH CONTRACTS SHALL ALSO PROVIDE TRAVEL REIMBURSEMENT TO THE LEGAL
PROVIDER IF HE OR SHE IS REQUIRED TO TRAVEL TO MEET WITH CLIENTS.
  4.  REPORT  ON  FINDINGS OF THE PILOT PROGRAM. THE DEPARTMENT OF STATE
SHALL PREPARE A REPORT AT  THE  CONCLUSION  OF  THE  PILOT  PROGRAM  AND
PROVIDE  SUCH  REPORT  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, AND THE SPEAKER OF THE ASSEMBLY, NO LATER THAN  ONE  YEAR  AFTER
THE  CONCLUSION OF THE PROGRAM. THE REPORT SHALL INCLUDE, AT MINIMUM, AN
ASSESSMENT OF THE IMPACT OF THIS SECTION ON:
  (A) THE INDIVIDUALS GRANTED  THE  RIGHT  TO  STATE-APPOINTED  COUNSEL,
INCLUDING BUT NOT LIMITED TO THE BENEFITS RECEIVED BY THE INDIVIDUAL AND
HIS  OR  HER  IMMEDIATE  FAMILY AS A RESULT OF RECEIVING STATE-APPOINTED
COUNSEL;
  (B) THE STATE BUDGET AND BUDGETS OF THE POLITICAL SUBDIVISIONS OF  THE
STATE,  INCLUDING  CONSIDERATION  OF BOTH THE COSTS OF ADMINISTERING THE
PROGRAM AND THE COST SAVINGS REALIZED BY THE STATE, FROM THE  PREVENTION
OF UNNECESSARY DEPORTATIONS;
  (C)  THE  STATE ECONOMY, INCLUDING SPECIFICALLY THE IMPACT ON NEW YORK
STATE EMPLOYERS AND BUSINESSES; AND
  (D) THE FEDERAL GOVERNMENT, INCLUDING SPECIFICALLY THE  ADMINISTRATION
OF THE NATION'S IMMIGRATION COURTS AND ENFORCEMENT SYSTEMS.
  S  3.  This  act  shall take effect April 1, 2015 and shall expire two
years after such effective date when upon such date  the  provisions  of
this act shall be deemed repealed.

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Senate Bill S7052

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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2013-S7052 (ACTIVE) - Details

2013-S7052 (ACTIVE) - Summary

2013-S7052 (ACTIVE) - Sponsor Memo

2013-S7052 (ACTIVE) - Bill Text download pdf

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2013-S7052 (ACTIVE) - Details

2013-S7052 (ACTIVE) - Summary

2013-S7052 (ACTIVE) - Sponsor Memo

2013-S7052 (ACTIVE) - Bill Text download pdf

Comments