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STATE OF NEW YORK ________________________________________________________________________ 3731 2015-2016 Regular Sessions IN ASSEMBLY January 27, 2015 ___________ Introduced by M. of A. MOYA -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to the "New York immi- grant family unity pilot program"; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York immigrant family unity pilot program". 3 § 2. The executive law is amended by adding a new section 94-c to read 4 as follows: 5 § 94-c. Provision of counsel to detained indigent individuals in 6 removal proceedings pilot program. 1. Definitions. For the purposes of 7 this section: 8 (a) "Resident of the state of New York" shall mean a person who lives 9 in New York state with the intent to make New York state a fixed and 10 permanent place to live. Anyone currently residing in the state of New 11 York who has lived in the state for at least ninety days is presumed to 12 be a resident of New York state. 13 (b) "Financially unable to obtain counsel" shall mean that an individ- 14 ual's household income does not exceed two hundred percent of the feder- 15 al poverty guidelines set forth in 42 U.S.C. § 9902(2). 16 (c) "Immigration court" shall mean the courts under the jurisdiction 17 of the executive office for immigration review under the department of 18 justice. 19 (d) "Legal service providers" shall mean private law firms, nonprofit 20 legal service organizations, or any combination thereof. 21 2. Right to counsel in immigration court; eligibility. (a) The right 22 to state-appointed counsel shall be extended to any resident of the 23 state of New York who is detained by the United States department of 24 homeland security in a United States immigration and customs enforcement EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03420-02-5A. 3731 2 1 (ICE) processing center, or a detention facility or county jail that has 2 a contract with ICE, is financially unable to retain counsel, and is 3 being held for removal proceedings in the state of New York or within 4 twenty miles of the state of New York. 5 (b) Such right to counsel shall attach from the commencement of the 6 proceeding; if however an individual is not initially eligible for such 7 right to counsel, such right shall attach at the point thereafter when 8 such individual becomes eligible for state appointed counsel. 9 (c) Such right to counsel shall require representation of such eligi- 10 ble individual in court, regardless of the location of the individual 11 throughout the proceedings. 12 3. Contracts with legal service providers. (a) The department of 13 state, in consultation with the office of indigent legal services (ILS), 14 shall contract with legal service providers to guarantee the provision 15 of the legal services required under subdivision two of this section and 16 shall oversee and take all steps necessary to ensure the effective 17 administration of the provision of services required under this section. 18 (b) Such contracts shall provide for the representation of qualifying 19 individuals as defined in subdivision two of this section, at no charge, 20 in the following proceedings: 21 (i) the first or any subsequent appearance in an instant removal 22 proceeding before the immigration court; 23 (ii) a proceeding seeking release from United States department of 24 homeland security custody; and 25 (iii) in any appeal to the board of immigration appeals. 26 (c) Such contracts shall also provide reimbursement for basic legal 27 support services including, but not limited to, access to necessary 28 experts, translation and interpretation services, social work and mental 29 health assessment services, and investigative services. Where practica- 30 ble, such contracts shall also provide travel reimbursement to the legal 31 provider if he or she is required to travel to meet with clients. 32 4. Report on findings of the pilot program. The department of state, 33 in consultation with ILS, shall prepare a report at the conclusion of 34 the pilot program and provide such report to the governor, the temporary 35 president of the senate, and the speaker of the assembly, no later than 36 one year after the conclusion of the program. The report shall include, 37 at minimum, an assessment of the impact of this section on: 38 (a) the individuals granted the right to state-appointed counsel, 39 including but not limited to the benefits received by the individual and 40 his or her immediate family as a result of receiving state-appointed 41 counsel; 42 (b) the state budget and budgets of the political subdivisions of the 43 state, including consideration of both the costs of administering the 44 program and the cost savings realized by the state, from the prevention 45 of unnecessary deportations; 46 (c) the state economy, including specifically the impact on New York 47 state employers and businesses; and 48 (d) the federal government, including specifically the administration 49 of the nation's immigration courts and enforcement systems. 50 § 3. This act shall take effect April 1, 2016 and shall expire two 51 years after such effective date when upon such date the provisions of 52 this act shall be deemed repealed.