senate Bill S999A

2023-2024 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 20, 2023 print number 999a
Apr 20, 2023 amend and recommit to finance
Jan 09, 2023 referred to finance

Co-Sponsors

view additional co-sponsors

S999 - Details

See Assembly Version of this Bill:
A170
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §94-d, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7261, A9125
2021-2022: S81, A1961

S999 - Summary

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

S999 - Sponsor Memo

S999 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    999
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
   COONEY, GIANARIS, GOUNARDES, HARCKHAM, JACKSON,  KAVANAGH,  LIU,  MAY,
   MYRIE,  PARKER,  PERSAUD,  RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO,
   STAVISKY, THOMAS -- 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  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;
   (II) A NEW YORK STATE DOMICILIARY WHO IS A UNITED  STATES  CITIZEN  OR
 WHOSE UNITED STATES CITIZENSHIP IS IN DISPUTE; OR
   (III) ANY INDIVIDUAL WHOSE PROCEEDINGS HAVE A SIGNIFICANT NEXUS TO NEW
 YORK  STATE SUCH THAT THEY SHOULD BE PROVIDED RELIEF UNDER THIS STATUTE.
 SIGNIFICANT NEXUS SHALL BE ESTABLISHED IN THE  FOLLOWING  CIRCUMSTANCES:
 IF  AN  INDIVIDUAL  IS  IN DETENTION OR INCARCERATED IN THE STATE OF NEW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01980-01-3

Co-Sponsors

view additional co-sponsors

S999A (ACTIVE) - Details

See Assembly Version of this Bill:
A170
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §94-d, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7261, A9125
2021-2022: S81, A1961

S999A (ACTIVE) - Summary

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

S999A (ACTIVE) - Sponsor Memo

S999A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  999--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BAILEY, BRESLIN, BRISPORT, BROUK,
   CLEARE, COMRIE,  COONEY,  FERNANDEZ,  GIANARIS,  GONZALEZ,  GOUNARDES,
   HARCKHAM,  JACKSON, KAVANAGH, LIU, MAY, MAYER, MYRIE, PARKER, PERSAUD,
   RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, STAVISKY, THOMAS, WEBB  --
   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  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;
   (II) A NEW YORK STATE DOMICILIARY WHO IS A UNITED  STATES  CITIZEN  OR
 WHOSE UNITED STATES CITIZENSHIP IS IN DISPUTE; OR
   (III) ANY INDIVIDUAL WHOSE PROCEEDINGS HAVE A SIGNIFICANT NEXUS TO NEW
 YORK  STATE SUCH THAT THEY SHOULD BE PROVIDED RELIEF UNDER THIS STATUTE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01980-04-3

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