assembly Bill A1961A

2021-2022 Legislative Session

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

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Current 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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 16, 2022 print number 1961a
Sep 16, 2022 amend and recommit to codes
Jan 05, 2022 referred to codes
Jan 13, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

A1961 - Details

See Senate Version of this Bill:
S81
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §94-d, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A9125, S7261

A1961 - Summary

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

A1961 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1961
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  PERRY, ROZIC, COLTON, CARROLL, REYES,
   DARLING, SIMON, KIM, EPSTEIN, L. ROSENTHAL, WEPRIN,  O'DONNELL,  HYND-
   MAN,  BARRON, RAMOS, CAHILL, TAYLOR, COOK, DE LA ROSA, THIELE, DAVILA,
   QUART, JOYNER, FALL, WILLIAMS, GOTTFRIED, ABINANTI, SEAWRIGHT --  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-d to read
 as follows:
   § 94-D. 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02529-02-1

Co-Sponsors

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A1961A (ACTIVE) - Details

See Senate Version of this Bill:
S81
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §94-d, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A9125, S7261

A1961A (ACTIVE) - Summary

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

A1961A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1961--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, ROZIC, COLTON, CARROLL, REYES, DARLING,
   SIMON, KIM, EPSTEIN, L. ROSENTHAL, WEPRIN, O'DONNELL, HYNDMAN,  RAMOS,
   CAHILL,  TAYLOR,  COOK, THIELE, DAVILA, QUART, JOYNER, FALL, WILLIAMS,
   GOTTFRIED, ABINANTI, SEAWRIGHT,  BURGOS,  DINOWITZ,  CLARK,  MITAYNES,
   MAMDANI,  FORREST,  KELLES,  JACKSON,  GONZALEZ-ROJAS,  BURDICK, OTIS,
   GALLAGHER, NIOU, JACOBSON, DE LOS SANTOS, CUNNINGHAM, DICKENS, FERNAN-
   DEZ, J. D. RIVERA -- read once and referred to the Committee on  Codes
   --  recommitted  to the Committee on Codes in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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-d to read
 as follows:
   § 94-D. 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  IN
 DETENTION  IN  NEW YORK, TRANSFERRED FROM DETENTION IN NEW YORK TO IMMI-
 GRATION DETENTION IN ANOTHER STATE, OR WHO  IS  SUBJECT  TO  REMOVAL  OR
 INSPECTION  PURSUANT  TO  8  U.S.C. § 1229A OR 8 U.S.C. § 1225 AND THEIR
 IMPLEMENTING REGULATIONS, OR SUBJECT TO 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02529-05-2
 A. 1961--A                          2