Assembly Bill A170A

2023-2024 Legislative Session

Establishes the right to legal counsel in immigration court proceedings and provides for the administration thereof

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • 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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Bill Amendments

co-Sponsors

2023-A170 - Details

See Senate Version of this Bill:
S999
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §94-d, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9125, S7261
2021-2022: A1961, S81
2025-2026: S141

2023-A170 - Summary

Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.

2023-A170 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    170
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, ROZIC, COLTON, CARROLL, REYES, DARLING,
   SIMON, KIM, EPSTEIN, L. ROSENTHAL,  WEPRIN,  HYNDMAN,  RAMOS,  TAYLOR,
   COOK,  THIELE,  DAVILA,  JOYNER,  FALL,  WILLIAMS,  SEAWRIGHT, BURGOS,
   DINOWITZ, CLARK, MITAYNES, MAMDANI, KELLES,  JACKSON,  GONZALEZ-ROJAS,
   BURDICK,  OTIS,  GALLAGHER, JACOBSON, DE LOS SANTOS, CUNNINGHAM, DICK-
   ENS, RIVERA -- read once and referred to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to establishing the right
   to legal counsel in immigration court proceedings  and  providing  for
   the administration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "the access  to
 representation act".
   § 2. The executive law is amended by adding a new section 94-d to read
 as follows:
   §  94-D.  RIGHT TO COUNSEL IN IMMIGRATION COURT PROCEEDINGS. 1.  DEFI-
 NITIONS. AS USED IN THIS SECTION:
   (A) "ADMINISTRATOR" MEANS THE DIRECTOR OF THE NEW  YORK  STATE  OFFICE
 FOR NEW AMERICANS.
   (B)  "COVERED  INDIVIDUAL"  MEANS  ANY  INCOME-ELIGIBLE  INDIVIDUAL IN
 DETENTION IN NEW YORK, TRANSFERRED FROM DETENTION IN NEW YORK  TO  IMMI-
 GRATION  DETENTION  IN  ANOTHER  STATE,  OR WHO IS SUBJECT TO REMOVAL OR
 INSPECTION PURSUANT TO 8 U.S.C. § 1229A OR 8 U.S.C.  §  1225  AND  THEIR
 IMPLEMENTING REGULATIONS, OR SUBJECT TO A FINAL ORDER OF REMOVAL UNDER 8
 C.F.R. § 1241.1, REGARDLESS OF AGE, IN A COVERED PROCEEDING WHO IS:
   (I) A NEW YORK STATE DOMICILIARY WHO IS A NON-UNITED STATES CITIZEN;
   (II)  A  NEW  YORK STATE DOMICILIARY WHO IS A UNITED STATES CITIZEN OR
 WHOSE UNITED STATES CITIZENSHIP IS IN DISPUTE; OR
   (III) ANY INDIVIDUAL WHOSE PROCEEDINGS HAVE A SIGNIFICANT NEXUS TO NEW
 YORK STATE SUCH THAT THEY SHOULD BE PROVIDED RELIEF UNDER THIS  STATUTE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-A170A (ACTIVE) - Details

See Senate Version of this Bill:
S999
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §94-d, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9125, S7261
2021-2022: A1961, S81
2025-2026: S141

2023-A170A (ACTIVE) - Summary

Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.

2023-A170A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  170--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, ROZIC, COLTON, CARROLL, REYES, DARLING,
   SIMON, KIM, EPSTEIN, L. ROSENTHAL,  WEPRIN,  HYNDMAN,  RAMOS,  TAYLOR,
   COOK,  THIELE,  DAVILA,  JOYNER,  FALL,  WILLIAMS,  SEAWRIGHT, BURGOS,
   DINOWITZ, CLARK, MITAYNES, MAMDANI, KELLES,  JACKSON,  GONZALEZ-ROJAS,
   BURDICK,  OTIS,  GALLAGHER, JACOBSON, DE LOS SANTOS, CUNNINGHAM, DICK-
   ENS, RIVERA, ARDILA, RAGA, SHRESTHA, HEVESI, FORREST, ANDERSON, BORES,
   AUBRY, SOLAGES, WALKER, ALVAREZ, SHIMSKY, JEAN-PIERRE, McDONALD, HUNT-
   ER, LEVENBERG,  LEE,  MEEKS,  LAVINE,  PAULIN,  FAHY,  GIBBS,  SIMONE,
   O'DONNELL, TAPIA, BICHOTTE HERMELYN, SEPTIMO -- read once and referred
   to  the  Committee  on  Codes  --  committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to establishing the right
   to legal counsel in immigration court proceedings  and  providing  for
   the administration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "the access  to
 representation act".
   § 2. The executive law is amended by adding a new section 94-d to read
 as follows:
   §  94-D.  RIGHT TO COUNSEL IN IMMIGRATION COURT PROCEEDINGS. 1.  DEFI-
 NITIONS. AS USED IN THIS SECTION:
   (A) "ADMINISTRATOR" MEANS THE DIRECTOR OF THE NEW  YORK  STATE  OFFICE
 FOR NEW AMERICANS.
   (B)  "COVERED  INDIVIDUAL"  MEANS  ANY  INCOME-ELIGIBLE  INDIVIDUAL IN
 DETENTION IN NEW YORK, TRANSFERRED FROM DETENTION IN NEW YORK  TO  IMMI-
 GRATION  DETENTION  IN  ANOTHER  STATE,  OR WHO IS SUBJECT TO REMOVAL OR
 INSPECTION PURSUANT TO 8 U.S.C. § 1229A OR 8 U.S.C.  §  1225  AND  THEIR
 IMPLEMENTING REGULATIONS, OR SUBJECT TO A FINAL ORDER OF REMOVAL UNDER 8
 C.F.R. § 1241.1, REGARDLESS OF AGE, IN A COVERED PROCEEDING WHO IS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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