senate Bill S81A

2021-2022 Legislative Session

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

download bill text pdf

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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to finance
Mar 01, 2021 print number 81a
Mar 01, 2021 amend and recommit to finance
Jan 06, 2021 referred to finance

Co-Sponsors

view additional co-sponsors

S81 - Details

See Assembly Version of this Bill:
A1961
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §94-d, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S7261, A9125

S81 - Summary

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

S81 - Sponsor Memo

S81 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    81
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, GIANARIS, KAVANAGH, PERSAUD, RAMOS, RIVERA,
   SALAZAR, SEPULVEDA -- 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-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.
   (C)  "COVERED  PROCEEDING"  MEANS ANY PROCEEDING IN A COVERED VENUE IN
 WHICH A COVERED INDIVIDUAL IS SEEKING AN AVENUE OF RELIEF  FROM  REMOVAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S81A (ACTIVE) - Details

See Assembly Version of this Bill:
A1961
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §94-d, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S7261, A9125

S81A (ACTIVE) - Summary

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

S81A (ACTIVE) - Sponsor Memo

S81A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   81--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  BRISPORT,  GIANARIS, KAVANAGH, PERSAUD,
   RAMOS, RIVERA, SALAZAR, SEPULVEDA -- read twice and  ordered  printed,
   and  when  printed  to  be  committed  to  the Committee on Finance --
   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  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

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