assembly Bill A9125

2019-2020 Legislative Session

Establishes the right to legal counsel in immigration court proceedings and provides for the administration thereof

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2020 referred to codes

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A9125 (ACTIVE) - Details

See Senate Version of this Bill:
S7261
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §94-c, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1961, S81
2023-2024: A170, S999

A9125 (ACTIVE) - Summary

Establishes the right to legal counsel in immigration court proceedings and provides for the administration thereof.

A9125 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9125
 
                           I N  A S S E M B L Y
 
                             January 21, 2020
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the executive law, in relation to establishing the right
   to legal counsel in immigration court proceedings  and  providing  for
   the administration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "the access  to
 representation act".
   § 2. The executive law is amended by adding a new section 94-c to read
 as follows:
   §  94-C.  RIGHT TO COUNSEL IN IMMIGRATION COURT PROCEEDINGS. 1.  DEFI-
 NITIONS. AS USED IN THIS SECTION:
   (A) "ADMINISTRATOR" MEANS THE DIRECTOR OF THE NEW  YORK  STATE  OFFICE
 FOR NEW AMERICANS.
   (B)  "COVERED INDIVIDUAL" MEANS ANY INCOME-ELIGIBLE INDIVIDUAL SUBJECT
 TO REMOVAL PURSUANT TO 8 U.S.C. § 1229A OR 8 U.S.C.  §  1225  AND  THEIR
 IMPLEMENTING  REGULATIONS,  OR A FINAL ORDER OF REMOVAL UNDER 8 C.F.R. §
 1241.1, REGARDLESS OF AGE, IN A COVERED PROCEEDING WHO IS:
   (I) A NEW YORK STATE DOMICILIARY WHO IS A NON-UNITED STATES CITIZEN;
   (II) A NEW YORK STATE DOMICILIARY WHO IS A UNITED  STATES  CITIZEN  OR
 WHOSE UNITED STATES CITIZENSHIP IS IN DISPUTE; OR
   (III)  AN  INDIVIDUAL  WHO IS NOT A NEW YORK STATE DOMICILIARY IF SUCH
 NON-DOMICILIARY AND THEIR PROCEEDINGS HAVE A SIGNIFICANT  NEXUS  TO  NEW
 YORK  STATE SUCH THAT THEY SHOULD BE PROVIDED RELIEF UNDER THIS STATUTE,
 AS DETERMINED BY THE ADMINISTRATOR OR DESIGNEE OF THE ADMINISTRATOR ON A
 CASE-BY-CASE BASIS.
   (C) "COVERED PROCEEDING" MEANS ANY PROCEEDING IN A  COVERED  VENUE  IN
 WHICH  A  COVERED INDIVIDUAL IS SEEKING AN AVENUE OF RELIEF FROM REMOVAL
 FROM THE UNITED STATES, OR IS CHALLENGING HIS OR HER ARREST OR DETENTION
 UNDER THE IMMIGRATION AND NATIONALITY ACT ("INA"), AS AMENDED,  AND  ITS
 IMPLEMENTING REGULATIONS.  A COVERED PROCEEDING INCLUDES, IF APPLICABLE,
 A  PROCEEDING  OR HEARING IN IMMIGRATION COURT; A PROCEEDING IN NEW YORK
 STATE FAMILY COURT FOR PURPOSES OF OBTAINING A SPECIAL FINDINGS ORDER; A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets