senate Bill S7261

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

Current Bill Status - In Senate Committee Finance 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 15, 2020 referred to finance

Co-Sponsors

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S7261 (ACTIVE) - Details

See Assembly Version of this Bill:
A9125
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §94-c, Exec L

S7261 (ACTIVE) - Summary

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

S7261 (ACTIVE) - Sponsor Memo

S7261 (ACTIVE) - Bill Text download pdf


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

                                  7261

                            I N  S E N A T E

                            January 15, 2020
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 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

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