S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4538
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced  by  Sen.  LIU  --  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 enacting the  building
   up immigrant legal defense or BUILD act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "building up immigrant legal defense act" or "BUILD act".
   §  2. Subdivision 5 of section 94-b of the executive law is amended by
 adding a new paragraph (q) to read as follows:
   (Q) (I) WORKFORCE DEVELOPMENT AND CAPACITY BUILDING GRANTS.  BEGINNING
 IN TWO THOUSAND TWENTY-FIVE, WITHIN AMOUNTS APPROPRIATED THEREFOR, AWARD
 COMPETITIVE WORKFORCE DEVELOPMENT AND CAPACITY BUILDING GRANTS TO ELIGI-
 BLE  ENTITIES  THAT  ARE  SEEKING TO EXPAND ACCESS TO REPRESENTATION FOR
 INDIVIDUALS FACING DEPORTATION BY INCREASING THE WORKFORCE AND STRENGTH-
 ENING THE LEGAL SERVICES INFRASTRUCTURE NEEDED TO PROVIDE SUCH REPRESEN-
 TATION.
   (II) ELIGIBILITY. TO BE ELIGIBLE TO RECEIVE A GRANT UNDER  THIS  PARA-
 GRAPH  AN  ENTITY  SHALL  BE  A  COMMUNITY-BASED ORGANIZATION, NONPROFIT
 ORGANIZATION, OR EDUCATIONAL INSTITUTION THAT CURRENTLY RECEIVES FUNDING
 FROM THE OFFICE OF NEW AMERICANS WHICH:
   (1) PROVIDES OR  COORDINATES  IMMIGRATION-RELATED  LEGAL  SERVICES  TO
 INDIVIDUALS FACING DEPORTATION, OR
   (2)  RECRUITS,  TRAINS,  OR MENTORS INDIVIDUALS WHO PROVIDE OR COORDI-
 NATE, OR WHO  WILL  PROVIDE  OR  COORDINATE,  IMMIGRATION-RELATED  LEGAL
 SERVICES TO INDIVIDUALS FACING DEPORTATION.
   (III)  USE  OF FUNDS. FUNDS AWARDED UNDER THIS PARAGRAPH SHALL BE USED
 ONLY TO DEVELOP IMMIGRATION LEGAL SERVICES INFRASTRUCTURE  AND  A  WORK-
 FORCE  SCALED  UP  TO  SUSTAINABLY  MEET  THE CHANGING IMMIGRATION LEGAL
 REPRESENTATION NEEDS OF NONCITIZEN NEW AMERICANS.  RECIPIENTS  MAY,  FOR
 PURPOSES AUTHORIZED UNDER THIS SUBDIVISION, USE ALL OR A PORTION OF THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04201-01-5
              

 S. 4538                             2
 
 GRANT  TO  CONTRACT  WITH  OR  MAKE ONE OR MORE SUBAWARDS TO ONE OR MORE
 ELIGIBLE ENTITIES, OR WITH PRIVATE ORGANIZATIONS.  FUNDS  AWARDED  UNDER
 THIS  SECTION  SHALL  BE  USED  TO ENHANCE LONG-TERM CAPACITY TO PROVIDE
 HIGH-QUALITY,  HOLISTIC,  AND LINGUISTICALLY APPROPRIATE LEGAL REPRESEN-
 TATION, REGARDLESS OF THE PERSON'S ABILITY TO PAY,  PRIOR  CONTACT  WITH
 THE  CRIMINAL LEGAL SYSTEM, OR THE NATURE OR PERCEIVED STRENGTH OF THEIR
 LEGAL DEFENSE. SUCH USES MAY INCLUDE:
   (1) WORKFORCE RECRUITMENT AND TRAINING PROGRAMS SUCH  AS  EDUCATIONAL,
 FELLOWSHIP,  CLINICAL,  JOB RECRUITMENT, AND JOB TRAINING SERVICES AIMED
 AT:
   (A) INCREASING THE  NUMBER  OF  LAWYERS,  ACCREDITED  REPRESENTATIVES,
 SOCIAL  WORKERS, AND COMMUNITY NAVIGATORS ENTERING THE IMMIGRATION LEGAL
 SERVICES FIELD; AND
   (B) DIVERSIFYING THE EXPERTISE OF LEGAL TEAMS AND  PROMOTING  HOLISTIC
 SERVICES, INCLUDING BY INTEGRATING SOCIAL WORKERS AND CASE MANAGERS INTO
 NEW AND EXISTING IMMIGRATION LEGAL PROGRAMS;
   (2) TECHNICAL ASSISTANCE SERVICES, INCLUDING, BUT NOT LIMITED TO:
   (A)  SUBSTANTIVE  AND  TECHNICAL SKILLS-BASED TRAININGS TO IMPROVE THE
 QUALITY OF REPRESENTATION PROVIDED TO INDIVIDUALS FACING DEPORTATION;
   (B) LANGUAGE TRAINING TO ENSURE LEGAL STAFF ARE  EQUIPPED  TO  PROVIDE
 LINGUISTICALLY APPROPRIATE SERVICES;
   (C)  SPECIALIZED LEGAL SUPPORT THROUGH TRAINING, USE OF CO-COUNSEL, OR
 OTHER MEANS TO SUPPORT REPRESENTATION IN COMPLEX DEFENSE CASES,  INCLUD-
 ING REPRESENTATION IN FEDERAL AND STATE COURTS;
   (D)  LEADERSHIP  DEVELOPMENT, INCLUDING MANAGEMENT TRAINING AND ESTAB-
 LISHING APPROPRIATE SUPERVISORY SYSTEMS, INCLUDING STRUCTURING  STAFFING
 AND SUPERVISOR CASELOADS TO ENSURE SUFFICIENT SUPERVISORY CAPACITY;
   (E)  TRAINING  SUPPORTING ORGANIZATIONS AND INDIVIDUALS SEEKING UNITED
 STATES DEPARTMENT OF JUSTICE ACCREDITATION TO EXPAND THE POOL  OF  ADVO-
 CATES ABLE TO PRACTICE IMMIGRATION LAW; AND
   (F)  INFRASTRUCTURE  INCLUDING  A  TECHNICAL ASSISTANCE HUB TO CREATE,
 COLLECT, AND PROMOTE THE  SHARING  OF  TECHNICAL  ASSISTANCE  RESOURCES,
 INCLUDING  TEMPLATES, SAMPLES, AND WEBINARS, AMONG PUBLICLY-FUNDED LEGAL
 SERVICES PROVIDERS AND COORDINATORS;
   (3) LOCAL OR REGIONAL COORDINATION SERVICES, INCLUDING:
   (A) SERVICES  BY  NAVIGATORS  IN  COMMUNITY-BASED  ORGANIZATIONS  THAT
 CONNECT  NEW  AMERICANS WITH FREE OR LOW-COST IMMIGRATION LEGAL SERVICES
 FOR WHICH THEY ARE ELIGIBLE  AND  THAT  LIAISE  BETWEEN  LEGAL  SERVICES
 PROVIDERS AND IMMIGRANTS TO OFFER SUBSTANTIVE AND LOGISTICAL SUPPORT FOR
 IMMIGRATION LEGAL CASES; AND
   (B)  THE  USE  OF  UNIFORM  INTAKE  AND REFERRAL TOOLS AND SYSTEMS, TO
 ENSURE A COORDINATED AND EFFICIENT DELIVERY  OF  PUBLICLY  FUNDED  LEGAL
 SERVICES TO INDIVIDUALS AT RISK OF DEPORTATION;
   (4)  RETENTION  IMPROVEMENT STRATEGIES TO ENSURE SUSTAINABLE GROWTH OF
 THE IMMIGRATION-RELATED LEGAL SERVICES FIELD,  INCLUDING  STRATEGIES  TO
 ADDRESS CASELOAD MANAGEMENT, BURNOUT, EQUITABLE COMPENSATION AND COST OF
 LIVING ADJUSTMENTS, STIPENDS AND COMPENSATION FOR INTERNS, AND ORGANIZA-
 TIONAL SYSTEMS;
   (5)  RECRUITING  AND RETAINING LEGAL STAFF FROM UNDERREPRESENTED BACK-
 GROUNDS AND PROMOTING DIVERSITY WITHIN THE LEGAL SERVICES FIELD;
   (6) GROWING LEGAL SERVICES INFRASTRUCTURE AND REPRESENTATIONAL CAPACI-
 TY IN RURAL AND REMOTE LOCATIONS WITH A SIGNIFICANT UNMET NEED FOR LEGAL
 REPRESENTATION AND WITH  SIGNIFICANTLY  LESS  IMMIGRATION-RELATED  LEGAL
 SERVICES CAPACITY IN THEIR SERVICE AREA THAN STATE AVERAGES; OR
   (7)   PHYSICAL,   ADMINISTRATIVE,  AND  TECHNOLOGICAL  INFRASTRUCTURE,
 INCLUDING BUT NOT LIMITED TO  CASE  MANAGEMENT  SYSTEMS,  OFFICE  SPACE,
 S. 4538                             3
 
 TELEPHONES,  COMPUTERS,  SOFTWARE,  LEGAL  DATABASE  SUBSCRIPTIONS,  AND
 SYSTEMS TO STREAMLINE INTAKE AND REFERRALS, DATA COLLECTION, AND REPORT-
 ING.
   (IV)  ADVISORY  COMMITTEE.  (1)  AN ADVISORY COMMITTEE SHALL BE ESTAB-
 LISHED TO WORK IN COLLABORATION WITH THE OFFICE  FOR  NEW  AMERICANS  TO
 DESIGN  COMPETITIVE  WORKFORCE DEVELOPMENT AND CAPACITY BUILDING GRANTS,
 POLICIES, AND PROCEDURES NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS
 PARAGRAPH.  THE OFFICE OF NEW AMERICANS SHALL COLLABORATE ON AND CONSULT
 WITH THE ADVISORY COMMITTEE ON MATTERS INCLUDING, BUT NOT LIMITED TO:
   (A) IDENTIFYING AND PRIORITIZING GRANTS TO  ENTITIES  SERVING  REGIONS
 WITH  A SIGNIFICANT UNMET NEED FOR LEGAL REPRESENTATION AND WITH SIGNIF-
 ICANTLY LESS IMMIGRATION-RELATED LEGAL SERVICES CAPACITY;
   (B) SETTING PRIORITIES AMONG THE USES OF FUNDS DESCRIBED  IN  SUBPARA-
 GRAPH  (III) OF THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO: DETERMIN-
 ING GRANT AMOUNTS AND NUMBER OF GRANTEES;
   (C)  DEVELOPING  WORKLOAD  STANDARDS  FOR  LEGAL  SERVICES  PROVIDERS,
 DISTINGUISHING  BETWEEN  SUPERVISORY AND NON-SUPERVISORY STAFF TO ENSURE
 THAT SUPERVISORY STAFF HAVE CAPACITY TO FULFILL MANAGEMENT  AND  MENTOR-
 SHIP RESPONSIBILITIES;
   (D)  DEVELOPING  COMPENSATION  STANDARDS FOR LEGAL SERVICES PROVIDERS,
 TAKING INTO ACCOUNT THE PAY SCALE FOR NEW YORK STATE  GOVERNMENT  ATTOR-
 NEYS AND NON-ATTORNEY STAFF AT EQUIVALENT EXPERIENCE LEVELS;
   (E) DESIGNING COMPETITIVE GRANTS UNDER THIS PARAGRAPH;
   (F)  DEFINING  GRANT  DELIVERABLES  THAT SHALL NOT BE ATTACHED TO CASE
 METRICS; AND
   (G) COMMUNITY ENGAGEMENT EFFORTS.
   (2) THE ADVISORY COMMITTEE SHALL BE COMPRISED  OF  NINE  MEMBERS.  THE
 GOVERNOR SHALL APPOINT FIVE MEMBERS OFFERING OR COORDINATING IMMIGRATION
 SERVICES  TO  NEW  AMERICANS, REPRESENTING THE GEOGRAPHIC REGIONS OF THE
 STATE. THE GOVERNOR'S APPOINTEES SHALL  CONSIST  OF  NO  MORE  THAN  ONE
 MEMBER  OF  THE PRIVATE BAR AND AT LEAST ONE MEMBER OF A COMMUNITY-BASED
 ORGANIZATION COORDINATING IMMIGRATION LEGAL SERVICES. THE SPEAKER OF THE
 ASSEMBLY AND TEMPORARY PRESIDENT OF THE SENATE SHALL  EACH  APPOINT  TWO
 MEMBERS.  THE DIRECTOR SHALL SERVE EX OFFICIO. THE GOVERNOR SHALL DESIG-
 NATE ONE MEMBER TO SERVE AS CHAIR OF THE ADVISORY COMMITTEE.
   (3) EACH MEMBER SHALL SERVE FOR A TERM  OF  TWO  YEARS,  WITH  INITIAL
 TERMS  FOR EACH COMMITTEE SEAT BEGINNING NINETY DAYS AFTER THE EFFECTIVE
 DATE OF THIS SECTION. INITIAL APPOINTMENTS UNDER THIS  SUBDIVISION  MUST
 BE  MADE  WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH. ANY
 VACANCIES SHALL BE FILLED  PROMPTLY  AND  IN  THE  SAME  MANNER  AS  THE
 ORIGINAL APPOINTMENT, AND THE APPOINTEE FILLING SUCH VACANCY SHALL SERVE
 FOR  THE  UNEXPIRED  PORTION  OF  THE  TERM OF THE SUCCEEDED MEMBER. ANY
 COMMITTEE MEMBER MAY BE REAPPOINTED FOR ADDITIONAL TERMS.  A  MEMBER  OF
 THE  ADVISORY COMMITTEE SHALL CONTINUE IN SUCH POSITION UPON THE EXPIRA-
 TION OF THEIR TERM AND UNTIL SUCH TIME AS THEY ARE REAPPOINTED OR  THEIR
 SUCCESSOR IS APPOINTED, AS THE CASE MAY BE.
   (4)  MEMBERS  OF  THE  ADVISORY  COMMITTEE SHALL SERVE WITHOUT COMPEN-
 SATION, BUT SHALL BE ALLOWED AND REIMBURSED FOR THEIR REASONABLE  ACTUAL
 AND  NECESSARY EXPENSES INCURRED IN PERFORMANCE OF THEIR FUNCTIONS UNDER
 THIS PARAGRAPH BY THE ADMINISTRATOR.
   (5) THE ADVISORY COMMITTEE'S INITIAL MEETING SHALL TAKE  PLACE  WITHIN
 THIRTY  DAYS  OF THE APPOINTMENT OF ALL REQUIRED COMMITTEE MEMBERS UNDER
 CLAUSE TWO OF THIS SUBPARAGRAPH, OR WITHIN NINETY DAYS OF THE  EFFECTIVE
 DATE  OF  THIS  PARAGRAPH,  WHICHEVER  IS SOONER. THE ADVISORY COMMITTEE
 SHALL MEET WITH THE ADMINISTRATOR NO LESS THAN FOUR TIMES PER YEAR.  THE
 ADVISORY  COMMITTEE MAY ESTABLISH ITS OWN PROCEDURES WITH RESPECT TO THE
 S. 4538                             4
 
 CONDUCT OF ITS MEETINGS AND ITS OTHER AFFAIRS; PROVIDED,  HOWEVER,  THAT
 THE  QUORUM  AND MAJORITY PROVISIONS OF SECTION FORTY-ONE OF THE GENERAL
 CONSTRUCTION LAW SHALL GOVERN ALL ACTIONS TAKEN BY THE ADVISORY  COMMIT-
 TEE.
   (6)  MEMBERSHIP  ON  THE  ADVISORY  COMMITTEE SHALL NOT CONSTITUTE THE
 HOLDING OF AN OFFICE. THE ADVISORY COMMITTEE SHALL NOT HAVE THE POWER TO
 EXERCISE ANY PORTION OF THE SOVEREIGN POWER OF THE STATE. NO  MEMBER  OF
 THE  ADVISORY  COMMITTEE  SHALL  BE DISQUALIFIED FROM HOLDING ANY PUBLIC
 OFFICE OR EMPLOYMENT, NOR SHALL SUCH MEMBER FORFEIT ANY SUCH  OFFICE  OR
 EMPLOYMENT,  BY  REASON  OF  THEIR APPOINTMENT PURSUANT TO THIS SECTION,
 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL,  OR  LOCAL
 LAW; ORDINANCE; OR CITY CHARTER.
   (V) REPORTING. BEGINNING ON THE FIFTEENTH OF SEPTEMBER SECOND SUCCEED-
 ING  THE  EFFECTIVE DATE OF THIS PARAGRAPH AND EACH YEAR THEREAFTER, THE
 OFFICE OF NEW AMERICANS AND THE ADVISORY COMMITTEE SHALL EACH PRODUCE  A
 REPORT TO BE SUBMITTED TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND
 THE  TEMPORARY  PRESIDENT  OF  THE SENATE. EACH REPORT SHALL CONCERN THE
 DUTIES OF THE DIRECTOR AND THE ADVISORY COMMITTEE PURSUANT TO THIS PARA-
 GRAPH, GRANTEES USE OF FUNDS AND OUTCOMES, AND ANY  RELATED  RECOMMENDA-
 TIONS.
   (VI)  GRANT TERM. THE TERM OF A GRANT UNDER THIS SECTION SHALL BE FOUR
 YEARS AND MAY BE RENEWED.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.