NY State Senate Bill 2015-S2015

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2015	recommit, enacting clause stricken
Jan 21, 2015	referred to finance

2015-S2015 (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Add §94-c, Exec L
Versions Introduced in 2013-2014 Legislative Session:: S7052

2015-S2015 (ACTIVE) - Summary

Creates the New York immigrant family unity pilot program.

2015-S2015 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2015

TITLE OF BILL:

An act to amend the executive law, in relation to the "New York
immigrant family unity pilot program"; and providing for the repeal of
such provisions upon expiration thereof

PURPOSE:

This bill defines and provides a right to state-appointed counsel in
immigration removal proceedings for indigent detained New Yorkers
being held for deportation proceedings.

SUMMARY OF PROVISIONS:

Section 1 is the title.

Section 2 adds a new section 94-c to the executive law to create a
pilot program to provide counsel to indigent individuals facing
deportation.

Section 3 is the effective date

JUSTIFICATION:

In New York the impact of deportation on families is of particular
significance since over twenty percent of New York State residents are
foreign-born. Deportations can have devastating effects on families
and tear the fabric of communities across the state. Without counsel
it is virtually impossible for detained individuals to avoid
deportation, regardless of whether the individual has a strong claim
for relief or a viable defense. Recently, New York City has started a
pilot program which has shown early successes. This bill is aimed at
providing representation for more New Yorkers and evaluating the
viability of a state-wide program.

This pilot program addresses the compelling need to protect New
Yorkers and New York families against the injustices inherent in the
current deportation system. It is a system where New Yorkers are
locked up and forced to litigate against trained government attorneys
without access to counsel, leading to wrongful deportations and
unnecessarily broken New York families.

Deportations take an economic as well as a human toll on the State of
New York. When New Yorkers are wrongfully deported, families become
dependent on various state services, tax revenue is lost and employers
incur significant disruptions. It makes economic sense to provide
representation to eligible New Yorkers because doing so reduces the
costs that burden New York employers, the state government, immigrant
families", and New Yorkers as a whole.

New York State respects the exclusive province of the federal
government to regulate immigration and the flow of immigrants into and
out of our country. New York State, however, maintains the authority
to provide for the health, safety and welfare of its residents and its


right to protect its residents, communities, and employers. There is
nothing in this act that should be read to conflict with federal law.

LEGISLATIVE HISTORY:

2014: S7052/A9192 - Finance Committee/Ways & Means Committee

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect April 1, 2016 and shall expire two years
after such effective date.

2015-S2015 (ACTIVE) - Bill Text download pdf

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

                                  2015

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- 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 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-c to read
as follows:
  S 94-C. 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, IS FINANCIALLY UNABLE TO RETAIN COUNSEL, AND IS BEING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03420-01-5

S. 2015                             2

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, 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 ADMINIS-
TRATION 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
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, 2016  and  shall  expire  two
years  after  such  effective date when upon such date the provisions of
this act shall be deemed repealed.

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Senate Bill S2015

Sponsored By

Archive: Last Bill Status - Stricken

2015-S2015 (ACTIVE) - Details

2015-S2015 (ACTIVE) - Summary

2015-S2015 (ACTIVE) - Sponsor Memo

2015-S2015 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2015

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Sponsored By

David Carlucci

Archive: Last Bill Status - Stricken

2015-S2015 (ACTIVE) - Details

2015-S2015 (ACTIVE) - Summary

2015-S2015 (ACTIVE) - Sponsor Memo

2015-S2015 (ACTIVE) - Bill Text download pdf

Comments