S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9192--A

                          I N  A S S E M B L Y

                             March 27, 2014
                               ___________

Introduced  by  M. of A. MOYA -- read once and referred to the Committee
  on Governmental Operations  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York immigrant family unity pilot program".
  S 2. The executive law is amended by adding a new section 94-b to read
as follows:
  S  94-B.  PROVISION  OF  COUNSEL  TO  DETAINED INDIGENT INDIVIDUALS IN
REMOVAL PROCEEDINGS PILOT PROGRAM.  1. DEFINITIONS. FOR THE PURPOSES  OF
THIS SECTION:
  (A)  "RESIDENT OF THE STATE OF NEW YORK" SHALL MEAN A PERSON WHO LIVES
IN NEW YORK STATE WITH THE INTENT TO MAKE NEW YORK  STATE  A  FIXED  AND
PERMANENT  PLACE  TO LIVE. ANYONE CURRENTLY RESIDING IN THE STATE OF NEW
YORK WHO HAS LIVED IN THE STATE FOR AT LEAST NINETY DAYS IS PRESUMED  TO
BE A RESIDENT OF NEW YORK STATE.
  (B) "FINANCIALLY UNABLE TO OBTAIN COUNSEL" SHALL MEAN THAT AN INDIVID-
UAL'S HOUSEHOLD INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDER-
AL POVERTY GUIDELINES SET FORTH IN 42 U.S.C. S 9902(2).
  (C)  "IMMIGRATION  COURT" SHALL MEAN THE COURTS UNDER THE JURISDICTION
OF THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNDER THE  DEPARTMENT  OF
JUSTICE.
  (D)  "LEGAL SERVICE PROVIDERS" SHALL MEAN PRIVATE LAW FIRMS, NONPROFIT
LEGAL SERVICE ORGANIZATIONS, OR ANY COMBINATION THEREOF.
  2. RIGHT TO COUNSEL IN IMMIGRATION COURT; ELIGIBILITY. (A)  THE  RIGHT
TO  STATE-APPOINTED  COUNSEL  SHALL  BE  EXTENDED TO ANY RESIDENT OF THE
STATE OF NEW YORK WHO IS DETAINED BY THE  UNITED  STATES  DEPARTMENT  OF
HOMELAND SECURITY IN A UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
(ICE) PROCESSING CENTER, OR A DETENTION FACILITY OR COUNTY JAIL THAT HAS
A  CONTRACT  WITH  ICE,  IS FINANCIALLY UNABLE TO RETAIN COUNSEL, AND IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14448-03-4

A. 9192--A                          2

BEING HELD FOR REMOVAL PROCEEDINGS IN THE STATE OF NEW  YORK  OR  WITHIN
TWENTY MILES OF THE STATE OF NEW YORK.
  (B)  SUCH  RIGHT  TO COUNSEL SHALL ATTACH FROM THE COMMENCEMENT OF THE
PROCEEDING; IF HOWEVER AN INDIVIDUAL IS NOT INITIALLY ELIGIBLE FOR  SUCH
RIGHT  TO  COUNSEL, SUCH RIGHT SHALL ATTACH AT THE POINT THEREAFTER WHEN
SUCH INDIVIDUAL BECOMES ELIGIBLE FOR STATE APPOINTED COUNSEL.
  (C) SUCH RIGHT TO COUNSEL SHALL REQUIRE REPRESENTATION OF SUCH  ELIGI-
BLE  INDIVIDUAL  IN  COURT, REGARDLESS OF THE LOCATION OF THE INDIVIDUAL
THROUGHOUT THE PROCEEDINGS.
  3. CONTRACTS WITH LEGAL  SERVICE  PROVIDERS.  (A)  THE  DEPARTMENT  OF
STATE, IN CONSULTATION WITH THE OFFICE OF INDIGENT LEGAL SERVICES (ILS),
SHALL  CONTRACT  WITH LEGAL SERVICE PROVIDERS TO GUARANTEE THE PROVISION
OF THE LEGAL SERVICES REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION AND
SHALL OVERSEE AND TAKE ALL  STEPS  NECESSARY  TO  ENSURE  THE  EFFECTIVE
ADMINISTRATION OF THE PROVISION OF SERVICES REQUIRED UNDER THIS SECTION.
  (B)  SUCH CONTRACTS SHALL PROVIDE FOR THE REPRESENTATION OF QUALIFYING
INDIVIDUALS AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, AT NO CHARGE,
IN THE FOLLOWING PROCEEDINGS:
  (I) THE FIRST OR ANY  SUBSEQUENT  APPEARANCE  IN  AN  INSTANT  REMOVAL
PROCEEDING BEFORE THE IMMIGRATION COURT;
  (II)  A  PROCEEDING  SEEKING  RELEASE FROM UNITED STATES DEPARTMENT OF
HOMELAND SECURITY CUSTODY; AND
  (III) IN ANY APPEAL TO THE BOARD OF IMMIGRATION APPEALS.
  (C) SUCH CONTRACTS SHALL ALSO PROVIDE REIMBURSEMENT  FOR  BASIC  LEGAL
SUPPORT  SERVICES  INCLUDING,  BUT  NOT  LIMITED TO, ACCESS TO NECESSARY
EXPERTS, TRANSLATION AND INTERPRETATION SERVICES, SOCIAL WORK AND MENTAL
HEALTH ASSESSMENT SERVICES, AND INVESTIGATIVE SERVICES. WHERE  PRACTICA-
BLE, SUCH CONTRACTS SHALL ALSO PROVIDE TRAVEL REIMBURSEMENT TO THE LEGAL
PROVIDER IF HE OR SHE IS REQUIRED TO TRAVEL TO MEET WITH CLIENTS.
  4.  REPORT  ON FINDINGS OF THE PILOT PROGRAM. THE DEPARTMENT OF STATE,
IN CONSULTATION WITH ILS, SHALL PREPARE A REPORT AT  THE  CONCLUSION  OF
THE PILOT PROGRAM AND PROVIDE SUCH REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, NO LATER THAN
ONE YEAR AFTER THE CONCLUSION OF THE PROGRAM. THE REPORT SHALL  INCLUDE,
AT MINIMUM, AN ASSESSMENT OF THE IMPACT OF THIS SECTION ON:
  (A)  THE  INDIVIDUALS  GRANTED  THE  RIGHT TO STATE-APPOINTED COUNSEL,
INCLUDING BUT NOT LIMITED TO THE BENEFITS RECEIVED BY THE INDIVIDUAL AND
HIS OR HER IMMEDIATE FAMILY AS A  RESULT  OF  RECEIVING  STATE-APPOINTED
COUNSEL;
  (B)  THE STATE BUDGET AND BUDGETS OF THE POLITICAL SUBDIVISIONS OF THE
STATE, INCLUDING CONSIDERATION OF BOTH THE COSTS  OF  ADMINISTERING  THE
PROGRAM  AND THE COST SAVINGS REALIZED BY THE STATE, FROM THE PREVENTION
OF UNNECESSARY DEPORTATIONS;
  (C) THE STATE ECONOMY, INCLUDING SPECIFICALLY THE IMPACT ON  NEW  YORK
STATE EMPLOYERS AND BUSINESSES; AND
  (D)  THE FEDERAL GOVERNMENT, INCLUDING SPECIFICALLY THE ADMINISTRATION
OF THE NATION'S IMMIGRATION COURTS AND ENFORCEMENT SYSTEMS.
  S 3. This act shall take effect April 1, 2015  and  shall  expire  two
years  after  such  effective date when upon such date the provisions of
this act shall be deemed repealed.