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AB3731 Text:



 
                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.
                                                                   LBD03420-02-5

        A. 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.
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