S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    141
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 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-e to read
 as follows:
   §  94-E.  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.
 SIGNIFICANT  NEXUS  SHALL BE ESTABLISHED IN THE FOLLOWING CIRCUMSTANCES:
 IF AN INDIVIDUAL IS IN DETENTION OR INCARCERATED IN  THE  STATE  OF  NEW
 YORK, IF AN INDIVIDUAL IS TRANSFERRED BY FEDERAL IMMIGRATION AUTHORITIES
 FROM  NEW YORK TO IMMIGRATION DETENTION IN ANOTHER STATE, IF AN INDIVID-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00166-01-5
 S. 141                              2
 
 UAL HAS AN IMMIGRATION CASE IN A TRIBUNAL LOCATED IN THE  STATE  OF  NEW
 YORK, IF AN INDIVIDUAL IS A NEW YORK DOMICILIARY AND DETAINED BY FEDERAL
 IMMIGRATION  AUTHORITIES ANYWHERE IN THE UNITED STATES, IF AN INDIVIDUAL
 HAD  AN  IMMIGRATION CASE LOCATED IN A TRIBUNAL IN NEW YORK BEFORE BEING
 TRANSFERRED BY IMMIGRATION AUTHORITIES FROM DETENTION IN NEW  JERSEY  TO
 IMMIGRATION DETENTION IN ANOTHER STATE OR, AS DETERMINED BY THE ADMINIS-
 TRATOR OR DESIGNEE OF THE ADMINISTRATOR.
   (C)  "COVERED  PROCEEDING"  MEANS ANY PROCEEDING IN A COVERED VENUE IN
 WHICH A COVERED INDIVIDUAL IS SEEKING AN AVENUE OF RELIEF  FROM  REMOVAL
 FROM  THE  UNITED  STATES,  OR  IS CHALLENGING THEIR ARREST OR DETENTION
 UNDER THE IMMIGRATION AND NATIONALITY ACT ("INA"), AS AMENDED,  AND  ITS
 IMPLEMENTING  REGULATIONS. A COVERED PROCEEDING INCLUDES, IF APPLICABLE,
 A PROCEEDING OR HEARING IN IMMIGRATION COURT; A  PROCEEDING  BEFORE  THE
 UNITED  STATES  CITIZENSHIP  AND IMMIGRATION SERVICES; A PROCEEDING IN A
 TRIBUNAL LOCATED IN NEW YORK FOR PURPOSES OF OBTAINING ANY ORDER  NECES-
 SARY  FOR  OR  RELEVANT  TO IMMIGRATION RELIEF; A HABEAS CORPUS OR OTHER
 RELEVANT PETITION TO A  FEDERAL  DISTRICT  COURT  CHALLENGING  DETENTION
 UNDER THE INA; MOTIONS TO REOPEN OR RECONSIDER UNDER 8 U.S.C. § 1229(A);
 A  PETITION  FOR  REVIEW  UNDER  8  U.S.C. § 1252; A REMAND TO A FEDERAL
 DISTRICT COURT FROM THE UNITED STATES  CIRCUIT  COURTS  OF  APPEALS  FOR
 FACT-FINDING PURPOSES; AND ANY APPEAL RELATED TO ANY OF THE FOREGOING TO
 THE  BOARD  OF  IMMIGRATION APPEALS, THE UNITED STATES CIRCUIT COURTS OF
 APPEALS, AND/OR THE UNITED STATES SUPREME COURT.
   (D) "COVERED VENUE" MEANS: (I) AN IMMIGRATION COURT  ANYWHERE  IN  THE
 UNITED  STATES  WHERE  THE CASE OF A COVERED INDIVIDUAL IS LOCATED; (II)
 ANY TRIBUNAL LOCATED WITHIN NEW YORK STATE, INCLUDING, BUT  NOT  LIMITED
 TO, FAMILY COURTS AND FEDERAL DISTRICT COURTS; (III) WITH RESPECT TO THE
 PROVISION  OF  LEGAL  SERVICES IN THE CONTEXT OF EXPEDITED REMOVALS, ANY
 LOCATION WITHIN THE BORDERS OF NEW YORK STATE WHERE  EXPEDITED  REMOVALS
 ARE  PROCESSED;  (IV)  THE  BOARD OF IMMIGRATION APPEALS; (V) THE UNITED
 STATES CIRCUIT COURTS OF APPEALS; (VI) THE UNITED STATES SUPREME  COURT;
 (VII) UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; AND (VIII) ANY
 TRIBUNAL  AS DETERMINED BY THE ADMINISTRATOR OR A DESIGNEE OF THE ADMIN-
 ISTRATOR ON A CASE-BY-CASE BASIS.
   (E) "DOMICILE" MEANS A PRINCIPAL LOCATION  WHERE  A  PERSON,  WHEREVER
 TEMPORARILY LOCATED, INTENDS TO RESIDE.
   (F)  "DOMICILIARY"  MEANS  A PERSON THAT HAS ESTABLISHED DOMICILE WITH
 RESPECT TO A PARTICULAR JURISDICTION.
   (G) "IMMIGRATION COURT" MEANS A TRIBUNAL OF THE EXECUTIVE  OFFICE  FOR
 IMMIGRATION  REVIEW OR A SUCCESSOR ENTITY TASKED WITH DECIDING THE INAD-
 MISSIBILITY OR DEPORTABILITY OF A NONCITIZEN OF THE UNITED  STATES  THAT
 IS  PRESIDED  OVER  BY  AN  IMMIGRATION  JUDGE  AS DEFINED IN 8 U.S.C. §
 1101(B)(4).
   (H) "INCOME-ELIGIBLE INDIVIDUAL" MEANS AN  INDIVIDUAL  WHO  IS  DEEMED
 ELIGIBLE  FOR  LEGAL  SERVICES  IN A COVERED PROCEEDING BASED ON PRE-SET
 INCOME-RELATED CRITERIA PROMULGATED BY THE  ADMINISTRATOR,  BUT  IN  ANY
 EVENT MUST AT A MINIMUM INCLUDE ANY INDIVIDUAL WHOSE ANNUAL GROSS HOUSE-
 HOLD  INCOME  IS  NOT  IN  EXCESS  OF TWO HUNDRED PERCENT OF THE FEDERAL
 POVERTY GUIDELINES AS UPDATED PERIODICALLY IN THE  FEDERAL  REGISTER  BY
 THE  UNITED  STATES  DEPARTMENT  OF  HEALTH AND HUMAN SERVICES UNDER THE
 AUTHORITY OF 42 U.S.C. § 9902(2).
   (I) "LEGAL SERVICES" MEANS INDIVIDUALIZED LEGAL ASSISTANCE IN A SINGLE
 CONSULTATION AND/OR ONGOING LEGAL REPRESENTATION, PROVIDED  BY  A  LEGAL
 SERVICES PROVIDER TO A COVERED INDIVIDUAL, AND ALL LEGAL ADVICE, ADVOCA-
 CY,  AND ASSISTANCE, INCLUDING BUT NOT LIMITED TO SOCIAL SERVICE ASSIST-
 ANCE, ASSOCIATED WITH SUCH SERVICE.
 S. 141                              3
 
   (J) "LEGAL SERVICES PROVIDER" MEANS AN  INDIVIDUAL,  ORGANIZATION,  OR
 ASSOCIATION  THAT  HAS  THE  AUTHORITY  TO PROVIDE LEGAL SERVICES AND IS
 DESIGNATED BY THE ADMINISTRATOR TO PROVIDE SUCH SERVICES.
   2.  RIGHT TO COUNSEL IN IMMIGRATION PROCEEDINGS. (A) ALL COVERED INDI-
 VIDUALS SHALL HAVE THE RIGHT TO LEGAL SERVICES AS PROVIDED IN THIS PARA-
 GRAPH.
   (I) COVERED INDIVIDUALS FACING A COVERED  PROCEEDING  SHALL  HAVE  THE
 RIGHT  TO  ONGOING  LEGAL REPRESENTATION UNTIL TERMINATION IS AUTHORIZED
 PURSUANT TO PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION.
   (II) COVERED INDIVIDUALS FACING A  COVERED  PROCEEDING  IN  A  COVERED
 VENUE  OTHER  THAN  AN IMMIGRATION COURT IN NEW YORK OR NEW JERSEY SHALL
 HAVE THE RIGHT TO A CONSULTATION PROVIDED BY A LEGAL SERVICES  PROVIDER,
 AND IF FOUND BY THE LEGAL SERVICES PROVIDER TO HAVE A VIABLE APPLICATION
 FOR  APPEAL,  CHALLENGE  TO  A COURT ORDER, OR OTHER FORM OF RELIEF FROM
 REMOVAL FROM THE UNITED STATES, SHALL HAVE THE RIGHT  TO  ONGOING  LEGAL
 REPRESENTATION.
   (B) THE RIGHT TO COUNSEL ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVI-
 SION SHALL ATTACH:
   (I)  IN  THE  CASE  OF  PROCEEDINGS FOR REMOVAL PURSUANT TO 8 U.S.C. §
 1229A, UPON RECEIPT OF A NOTICE TO APPEAR, AS  DEFINED  IN  8  U.S.C.  §
 1229.   THE OBLIGATIONS OF THIS SECTION SHALL BE SATISFIED IF COUNSEL IS
 PROVIDED TO A COVERED INDIVIDUAL NO LATER THAN THEIR FIRST APPEARANCE IN
 A COVERED PROCEEDING, OR AS SOON THEREAFTER AS IS PRACTICABLE.
   (II) IN THE CASE OF REMOVAL PROCEEDINGS PURSUANT TO 8 U.S.C.  §  1225,
 UPON  THE  COMMENCEMENT OF SUCH PROCEEDINGS, OR AS SOON THEREAFTER AS IS
 PRACTICABLE.
   (III) IN THE CASE OF A REFERRAL TO AN IMMIGRATION JUDGE FOR A  HEARING
 PURSUANT TO 8 U.S.C.  § 1231(B)(3) OR 8 U.S.C. § 1158, UPON RECEIPT OF A
 NOTICE  OF  REFERRAL  TO  IMMIGRATION JUDGE, OR AS SOON THEREAFTER AS IS
 PRACTICABLE.
   (IV) IN THE CASE OF A REINSTATEMENT OF A FINAL ORDER OF REMOVAL,  UPON
 SUCH REINSTATEMENT, OR AS SOON THEREAFTER AS IS PRACTICABLE.
   (V) IN ALL OTHER CASES, AS SOON AS IS PRACTICABLE.
   (C)  SUBJECT  TO  THE PROVISIONS OF PARAGRAPH (D) OF THIS SUBDIVISION,
 THE RIGHT TO COUNSEL ESTABLISHED IN PARAGRAPH (A)  OF  THIS  SUBDIVISION
 SHALL TERMINATE:
   (I)  UPON  THE  TERMINATION OR DISMISSAL OF REMOVAL PROCEEDINGS OR ANY
 RELATED APPELLATE MATTER IN RESPECT OF A COVERED INDIVIDUAL BY THE IMMI-
 GRATION COURT OR OTHER COMPETENT TRIBUNAL OR AUTHORITY;
   (II) UPON THE ISSUANCE OF A FINAL ORDER OR JUDGMENT IN  RESPECT  TO  A
 COVERED  INDIVIDUAL'S  REMOVAL  PROCEEDINGS  FROM WHICH THERE REMAINS NO
 OPPORTUNITY FOR APPEAL OR OTHER AVENUE FOR  RELIEF  INCLUDING,  BUT  NOT
 LIMITED  TO, MOTIONS TO REOPEN, MOTIONS TO RECONSIDER, AND PETITIONS FOR
 REVIEW; PROVIDED, HOWEVER, THAT LEGAL SERVICES PROVIDERS  SHALL  NOT  BE
 REQUIRED TO PURSUE APPEALS OR OTHER AVENUES FOR RELIEF THAT ARE SPECULA-
 TIVE OR FRIVOLOUS;
   (III)  IF  AN  INDIVIDUAL  COVERED BY VIRTUE OF BEING A NEW YORK STATE
 DOMICILIARY CEASES TO BE A NEW YORK STATE  DOMICILIARY  AND  ESTABLISHES
 DOMICILE IN A JURISDICTION OUTSIDE OF NEW YORK STATE;
   (IV)  IF AN INDIVIDUAL COVERED BY VIRTUE OF BEING TRANSFERRED FROM NEW
 YORK  TO  IMMIGRATION  DETENTION  IN  ANOTHER  STATE  IS  RELEASED  FROM
 DETENTION AND IS NOT A NEW YORK STATE DOMICILIARY;
   (V)  IF  IT IS DISCOVERED THAT THE INITIAL DETERMINATION THAT AN INDI-
 VIDUAL WAS AN INCOME-ELIGIBLE INDIVIDUAL WAS ERRONEOUS AT THE TIME  THAT
 SUCH DETERMINATION WAS MADE, AS SOON AS SUCH DISCOVERY OCCURS; PROVIDED,
 HOWEVER,  THAT  SUCH  INDIVIDUAL WILL CONTINUE TO BE PROVIDED WITH LEGAL
 S. 141                              4
 
 SERVICES PURSUANT TO THIS SUBDIVISION FOR A REASONABLE AMOUNT OF TIME TO
 ENABLE SUCH PERSON TO OBTAIN ALTERNATIVE COUNSEL, SO  AS  NOT  TO  MATE-
 RIALLY  PREJUDICE  SUCH  INDIVIDUAL'S  CHANCE  OF SUCCESS IN ANY COVERED
 PROCEEDING;
   (VI)  IF  A  COVERED  INDIVIDUAL  KNOWINGLY AND VOLUNTARILY WAIVES THE
 RIGHT TO COUNSEL; OR
   (VII) UPON A DETERMINATION BY A  LEGAL  SERVICES  PROVIDER  AFTER  THE
 CONSULTATION  DESCRIBED  IN  SUBPARAGRAPH  (II) OF PARAGRAPH (A) OF THIS
 SUBDIVISION THAT A COVERED INDIVIDUAL FACING A COVERED PROCEEDING  IN  A
 COVERED  VENUE OTHER THAN AN IMMIGRATION COURT HAS NO VIABLE APPLICATION
 FOR APPEAL, CHALLENGE TO A COURT ORDER, NOR OTHER FORM  OF  RELIEF  FROM
 REMOVAL FROM THE UNITED STATES.
   (D) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION,  THE RIGHTS ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL
 NOT TERMINATE IF:
   (I) AN IMMIGRATION JUDGE DECLINES TO ALLOW A LEGAL  SERVICES  PROVIDER
 TO WITHDRAW FROM REPRESENTING A COVERED INDIVIDUAL; OR
   (II)  A  LEGAL SERVICES PROVIDER IS PROHIBITED FROM CEASING TO PROVIDE
 LEGAL SERVICES PURSUANT TO THE NEW YORK RULES OF PROFESSIONAL CONDUCT OR
 THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW'S PRACTICE MANUAL.
   3. POWERS AND  DUTIES  OF  THE  ADMINISTRATOR.  THE  ADMINISTRATOR  IS
 CHARGED WITH IMPLEMENTING THE REQUIREMENTS OF THIS SECTION NO LATER THAN
 JANUARY  FIRST  OF  THE  SIXTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS
 SECTION, AND SHALL  PROMULGATE  SUCH  RULES,  POLICIES,  AND  PROCEDURES
 NECESSARY  AND  APPROPRIATE  TO  ACCOMPLISH SUCH IMPLEMENTATION NO LATER
 THAN JANUARY FIRST OF THE FIRST YEAR FOLLOWING  THE  EFFECTIVE  DATE  OF
 THIS  SECTION.  SUCH  RULES, POLICIES, AND PROCEDURES SHALL INCLUDE, BUT
 NOT BE LIMITED TO, THE MEASURES DELINEATED  IN  THIS  SUBDIVISION,  WITH
 ANNUAL  BENCHMARKS TO ENSURE FULL IMPLEMENTATION BY JANUARY FIRST OF THE
 SIXTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.   THE  ADMINIS-
 TRATOR  SHALL  HAVE  THE  POWER AND RESPONSIBILITY, INDEPENDENTLY AND/OR
 THROUGH ONE OR MORE DESIGNEES, TO:
   (A) ENSURE THAT ALL COVERED INDIVIDUALS BE ADVISED OF THEIR  RIGHT  TO
 COUNSEL  AND  BE  OFFERED LEGAL SERVICES AS PROVIDED IN PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION;
   (B) ENSURE INDEPENDENT, COMPETENT, HIGH QUALITY, AND ZEALOUS REPRESEN-
 TATION OF COVERED INDIVIDUALS RECEIVING LEGAL SERVICES PROVIDED PURSUANT
 TO THIS SECTION;
   (C) EXAMINE, EVALUATE, AND MONITOR LEGAL SERVICES PROVIDED PURSUANT TO
 THIS SECTION;
   (D) COLLECT AND RECEIVE INFORMATION AND DATA REGARDING  THE  PROVISION
 OF LEGAL SERVICES NOT PROTECTED BY ATTORNEY-CLIENT PRIVILEGE, WORK PROD-
 UCT  PRIVILEGE,  OR  ANY  OTHER  APPLICABLE  PRIVILEGE,  OR  THAT CAN BE
 DISCLOSED BY LEGAL SERVICES PROVIDERS WITHOUT  VIOLATING  THE  NEW  YORK
 RULES OF PROFESSIONAL CONDUCT, INCLUDING BUT NOT LIMITED TO:
   (I)  THE TYPES AND COMBINATIONS OF SUCH SERVICES BEING UTILIZED ACROSS
 THE STATE;
   (II) THE SALARIES AND OTHER COMPENSATION PAID TO  INDIVIDUAL  ADMINIS-
 TRATORS,  ATTORNEYS,  AND STAFF IN CONNECTION WITH THE PROVISION OF SUCH
 SERVICES;
   (III) THE  CASELOADS  OF  LEGAL  SERVICES  PROVIDERS  PROVIDING  LEGAL
 SERVICES IN CONNECTION WITH THE PROVISION OF SUCH SERVICES;
   (IV) THE TYPES, NATURE, AND TIMING OF DISPOSITIONS OF CASES HANDLED BY
 LEGAL SERVICES PROVIDERS PROVIDING LEGAL SERVICES;
   (V)  THE  ACTUAL  EXPENDITURES CURRENTLY BEING MADE IN CONNECTION WITH
 THE PROVISION OF LEGAL SERVICES; AND
 S. 141                              5
 
   (VI) THE TIME, FUNDS, AND IN-KIND RESOURCES CURRENTLY BEING  SPENT  ON
 PROVIDING  SUCH  LEGAL  SERVICES AND THE AMOUNT BEING SPENT ON ANCILLARY
 SERVICES SUCH AS SUPPORT STAFF AND EXPERT WITNESSES;
   (E)  ANALYZE  AND EVALUATE COLLECTED DATA, AND UNDERTAKE ANY NECESSARY
 RESEARCH AND STUDIES, IN ORDER TO CONSIDER  AND  RECOMMEND  MEASURES  TO
 ENHANCE  THE  PROVISION  OF  EFFECTIVE LEGAL SERVICES AND TO ENSURE THAT
 RECIPIENTS OF LEGAL SERVICES ARE PROVIDED  WITH  QUALITY  REPRESENTATION
 FROM  FISCALLY  RESPONSIBLE  PROVIDERS,  WHICH  SHALL INCLUDE BUT NOT BE
 LIMITED TO STANDARDS, CRITERIA, AND A PROCESS FOR QUALIFYING AND RE-QUA-
 LIFYING LEGAL SERVICES PROVIDERS TO PROVIDE LEGAL SERVICES;
   (F) ESTABLISH MEASURES OF PERFORMANCE WHICH PROGRAMS  SHALL  REGULARLY
 REPORT  TO  THE  ADMINISTRATOR TO ASSIST THE ADMINISTRATOR IN MONITORING
 THE QUALITY OF LEGAL SERVICES;
   (G) ESTABLISH THE STANDARDS AND CRITERIA USED IN PROGRAMS TO DETERMINE
 WHETHER INDIVIDUAL LEGAL SERVICES PROVIDERS  ARE  QUALIFIED  TO  PROVIDE
 LEGAL SERVICES;
   (H)  ESTABLISH THE CRITERIA AND PROCEDURES USED TO DETERMINE WHETHER A
 PERSON IS ELIGIBLE TO RECEIVE  LEGAL  SERVICES,  INCLUDING  REQUIREMENTS
 RELATED  TO  INCOME  AND  DOMICILE,  AND  TO TRACK THE NUMBER OF PERSONS
 CONSIDERED FOR AND APPLICANTS DENIED SUCH SERVICES, THE REASONS FOR  THE
 DENIALS, AND THE RESULTS OF ANY REVIEW OF SUCH DENIALS;
   (I)  ESTABLISH  STANDARDS  AND  CRITERIA  FOR  THE  PROVISION OF LEGAL
 SERVICES IN CASES INVOLVING A CONFLICT OF INTEREST;
   (J) DEVELOP RECOMMENDATIONS TO IMPROVE THE DELIVERY OF LEGAL SERVICES;
   (K) TARGET GRANTS AND ESTABLISH STRATEGIC PROGRAMS IN SUPPORT OF INNO-
 VATIVE AND COST-EFFECTIVE SOLUTIONS THAT ENHANCE THE  PROVISION  OF  AND
 CAPACITY  FOR  LEGAL SERVICES, INCLUDING, BUT NOT LIMITED TO, A CAPACITY
 BUILDING PIPELINE TO BRING NEW ATTORNEYS INTO THE  FIELD  AND  INCLUDING
 COLLABORATIVE EFFORTS SERVING MULTIPLE JURISDICTIONS WHERE COVERED INDI-
 VIDUALS AND COVERED PROCEEDINGS ARE LOCATED;
   (L) INVESTIGATE AND MONITOR ANY OTHER MATTER RELEVANT TO THE PROVISION
 OF LEGAL SERVICES WHICH THE ADMINISTRATOR DEEMS IMPORTANT;
   (M)  REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION, OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION OF
 THE STATE OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION, AND DATA
 AS WILL ENABLE THE ADMINISTRATOR TO PROPERLY CARRY  OUT  ITS  FUNCTIONS,
 POWERS, AND DUTIES, SUBJECT TO LIMITATIONS ON THE DISCLOSURE OF INFORMA-
 TION PROVIDED ON A PRIVILEGED BASIS TO LEGAL SERVICES PROVIDERS, AS WELL
 AS  LIMITATIONS  ON  THE  DISCLOSURE  OF  INFORMATION  BY LEGAL SERVICES
 PROVIDERS UNDER THE NEW YORK RULES OF PROFESSIONAL CONDUCT;
   (N) APPLY FOR AND ACCEPT ANY GRANT OR  OTHER  SOURCE  OF  FUNDING  FOR
 PURPOSES  OF  CARRYING OUT THE REQUIREMENTS OF THIS SECTION. ANY SUMS SO
 RECEIVED MAY BE EXPENDED BY THE ADMINISTRATOR TO EFFECTUATE THE FULFILL-
 MENT OF ANY SUCH  REQUIREMENT,  SUBJECT  TO  ANY  RELEVANT  REQUIREMENTS
 RELATED  TO  THE  APPROVAL  OF  EXPENDITURE  OF FUNDS AND AUDITS OF SUCH
 EXPENDITURES;
   (O) DEVELOP, PUBLISH, AND IMPLEMENT A WRITTEN  PLAN  THAT  ESTABLISHES
 NUMERICAL  CASELOAD/WORKLOAD STANDARDS FOR ALL LEGAL SERVICES PROVIDERS,
 WITH SUCH PLAN TO BE COMPLETED AND PUBLISHED WITHIN ONE  HUNDRED  TWENTY
 DAYS  AFTER THE EFFECTIVE DATE OF THIS SECTION, AND TO MONITOR AND PERI-
 ODICALLY REPORT ON THE IMPLEMENTATION OF AND COMPLIANCE WITH THE PLAN;
   (P) DEVELOP AND IMPLEMENT A WRITTEN PLAN, AND TO MONITOR  AND  PERIOD-
 ICALLY REPORT ON THE IMPLEMENTATION OF AND COMPLIANCE WITH SUCH PLAN, TO
 IMPROVE  THE  QUALITY OF LEGAL SERVICES PROVIDED TO COVERED INDIVIDUALS,
 AND TO ENSURE THAT LEGAL SERVICES  PROVIDERS  PROVIDING  SUCH  REPRESEN-
 TATION  RECEIVE  EFFECTIVE  SUPERVISION AND TRAINING, HAVE ACCESS TO AND
 S. 141                              6
 
 APPROPRIATELY UTILIZE INTERPRETERS AND EXPERT  WITNESSES  ON  BEHALF  OF
 CLIENTS,  COMMUNICATE EFFECTIVELY WITH THEIR CLIENTS, HAVE THE NECESSARY
 QUALIFICATIONS AND EXPERIENCE;
   (Q)  BEGINNING  ON  SEPTEMBER  FIFTEENTH, ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, AND BY SEPTEMBER FIFTEENTH OF EACH YEAR  THEREAFT-
 ER,  SUBMIT  A  REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND
 THE TEMPORARY PRESIDENT OF THE SENATE, DESCRIBING  COMPLIANCE  WITH  THE
 REQUIREMENTS OF THIS SECTION, INCLUDING BUT NOT LIMITED TO:
   (I)  THE  CRITERIA USED TO DETERMINE WHETHER AN INDIVIDUAL IS ELIGIBLE
 FOR LEGAL SERVICES;
   (II) THE PROCEDURES USED TO DETERMINE WHETHER AN INDIVIDUAL IS  ELIGI-
 BLE TO RECEIVE LEGAL SERVICES;
   (III)  THE  NUMBER  OF  INDIVIDUALS DEEMED ELIGIBLE AND INELIGIBLE FOR
 LEGAL SERVICES;
   (IV) THE NUMBER OF CASES STARTED AND COMPLETED  AND  THE  OUTCOMES  OF
 THOSE CASES; AND
   (V) QUALITATIVE REVIEW OF THE LEGAL SERVICES PROVIDED; AND
   (R)  BEGINNING  ON  SEPTEMBER  FIFTEENTH, ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, AND BY SEPTEMBER FIFTEENTH OF  EVERY  SECOND  YEAR
 THEREAFTER, IN CONSULTATION WITH THE ADVISORY COMMITTEE, SUBMIT A REPORT
 TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF
 THE  SENATE,  AND THE DIRECTOR OF THE DIVISION OF THE BUDGET, PRESENTING
 AN ANALYSIS OF QUALITATIVE AND QUANTITATIVE DATA  ON  IMMIGRATION  COURT
 CASES  AND  IMMIGRATION  ENFORCEMENT  ACTIVITY  AND  RECOMMENDATIONS FOR
 ADJUSTMENTS IN FUNDING TO ENSURE COMPLIANCE WITH THIS SECTION.
   4. FUNDING. (A) THE STATE SHALL ESTABLISH A DEDICATED FUND  AND  SHALL
 APPROPRIATE  SUFFICIENT  SUMS  INTO  SUCH  FUND  TO  FULLY CARRY OUT THE
 REQUIREMENTS OF THIS SECTION. FUNDS NECESSARY TO  FULLY  CARRY  OUT  THE
 REQUIREMENTS  OF  THIS  SECTION SHALL BE DETERMINED ANNUALLY BY DECEMBER
 FIRST OF EACH YEAR BY THE SECRETARY OF STATE, IN CONSULTATION  WITH  THE
 ADMINISTRATOR AND THE DIRECTOR OF THE DIVISION OF THE BUDGET UPON REVIEW
 OF  THE  REPORT SUBMITTED BY THE ADMINISTRATOR PURSUANT TO PARAGRAPH (R)
 OF SUBDIVISION THREE OF THIS SECTION.
   (B) THE ADMINISTRATOR WILL BE CHARGED WITH ENSURING THAT  APPROPRIATED
 FUNDS  ARE  TIMELY  DISTRIBUTED  TO  LEGAL  SERVICES  PROVIDERS  FOR THE
 PROVISION OF LEGAL SERVICES.
   (C) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION, SUMS APPROPRIATED TO CARRY OUT  THE  REQUIREMENTS  OF  THIS
 SECTION  SHALL  BE USED TO SUPPLEMENT AND NOT SUPPLANT ANY STATE, LOCAL,
 OR PRIVATE FUNDING THAT IS, OR IS ANTICIPATED TO BE,  EXPENDED  FOR  THE
 PROVISION  OF LEGAL SERVICES TO COVERED INDIVIDUALS, AND THE STATE SHALL
 NOT BE REQUIRED TO APPROPRIATE ANY  FUNDS  FOR  LEGAL  SERVICES  TO  THE
 EXTENT  THAT OBLIGATIONS ASSOCIATED WITH THE PROVISION OF LEGAL SERVICES
 ARE OTHERWISE FULLY SATISFIED BY FUNDS RECEIVED FROM  STATE,  LOCAL,  OR
 PRIVATE  SOURCES,  OR BY THE UNITED STATES GOVERNMENT IN SATISFACTION OF
 ANY LEGAL OBLIGATION.
   5. ADVISORY COMMITTEE. (A) THERE SHALL BE AN ADVISORY COMMITTEE  WHICH
 SHALL   WORK,  IN  COLLABORATION  WITH  THE  ADMINISTRATOR,  TO  DEVELOP
 PROGRAMS, POLICIES, TRAINING, AND PROCEDURES NECESSARY TO EFFECTUATE THE
 REQUIREMENTS OF THIS SECTION.  THE ADMINISTRATOR SHALL COLLABORATE  WITH
 THE ADVISORY COMMITTEE ON MATTERS INCLUDING, BUT NOT LIMITED TO:
   (I) THE RATES OF COMPENSATION FOR LEGAL SERVICES;
   (II) COMMUNITY ENGAGEMENT EFFORTS;
   (III)  THE  SUFFICIENCY OF ACCESS TO AND THE QUALITY OF LEGAL SERVICES
 PROVIDED TO COVERED INDIVIDUALS IN COVERED VENUES;
 S. 141                              7
 
   (IV) THE SUFFICIENCY OF SPACE AVAILABLE FOR  DESIGNATED  PROVIDERS  IN
 COVERED VENUES;
   (V)  ENSURING INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY HAVE ACCESS
 TO APPROPRIATE TRANSLATION SERVICES; AND
   (VI) OTHER EFFORTS BY  OTHER  STATES  TO  SUPPORT  INDIVIDUALS  FACING
 DEPORTATION.
   (B)  THE  ADVISORY  COMMITTEE SHALL BE COMPRISED OF NINE MEMBERS.  THE
 GOVERNOR SHALL APPOINT FIVE MEMBERS OFFERING SERVICES TO INDIVIDUALS  IN
 COVERED  PROCEEDINGS,  REPRESENTING THE GEOGRAPHIC REGIONS WHERE COVERED
 INDIVIDUALS AND COVERED VENUES ARE LOCATED.  THE  GOVERNOR'S  APPOINTEES
 SHALL  FURTHER CONSIST OF NO MORE THAN ONE REPRESENTATIVE OF THE PRIVATE
 BAR AND FOUR REPRESENTATIVES OF LEGAL SERVICES PROVIDERS  AND  REPRESEN-
 TATIVES  OF  COMMUNITY-BASED  ORGANIZATIONS OFFERING SERVICES TO COVERED
 INDIVIDUALS.  THE SPEAKER OF THE ASSEMBLY AND TEMPORARY PRESIDENT OF THE
 SENATE SHALL APPOINT TWO MEMBERS EACH. THE ADMINISTRATOR SHALL SERVE  EX
 OFFICIO.  THE  GOVERNOR  SHALL DESIGNATE ONE MEMBER TO SERVE AS CHAIR OF
 THE ADVISORY COMMITTEE.
   (C) EACH MEMBER, OTHER THAN THE MEMBER SERVING IN AN EX OFFICIO CAPAC-
 ITY, SHALL SERVE FOR A TERM OF TWO YEARS, WITH INITIAL  TERMS  FOR  EACH
 COMMITTEE  SEAT  COMMENCING NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS
 SECTION.  INITIAL APPOINTMENTS UNDER THIS SUBDIVISION MUST BE MADE WITH-
 IN SIXTY DAYS OF THE EFFECTIVE DATE OF  THIS  SECTION.    ANY  VACANCIES
 SHALL BE FILLED PROMPTLY AND IN THE SAME MANNER AS THE ORIGINAL APPOINT-
 MENT,  AND  THE APPOINTEE FILLING SUCH VACANCY SHALL SERVE FOR THE UNEX-
 PIRED PORTION OF THE TERM OF THE SUCCEEDED MEMBER. ANY COMMITTEE  MEMBER
 MAY  BE  REAPPOINTED  FOR  ADDITIONAL  TERMS.  A  MEMBER OF THE ADVISORY
 COMMITTEE SHALL CONTINUE IN SUCH POSITION UPON THE EXPIRATION  OF  THEIR
 TERM  AND  UNTIL SUCH TIME AS THEY ARE REAPPOINTED OR THEIR SUCCESSOR IS
 APPOINTED, AS THE CASE MAY BE.
   (D) MEMBERS OF THE ADVISORY  COMMITTEE  SHALL  SERVE  WITHOUT  COMPEN-
 SATION,  BUT SHALL BE ALLOWED AND REIMBURSED FOR THEIR REASONABLE ACTUAL
 AND NECESSARY EXPENSES INCURRED IN PERFORMANCE OF THEIR FUNCTIONS  UNDER
 THIS SECTION BY THE ADMINISTRATOR.
   (E)  THE  ADVISORY COMMITTEE'S INITIAL MEETING SHALL TAKE PLACE WITHIN
 THIRTY DAYS OF THE APPOINTMENT OF ALL REQUIRED COMMITTEE  MEMBERS  UNDER
 PARAGRAPH  (B)  OF THIS SUBDIVISION, OR WITHIN NINETY DAYS OF THE EFFEC-
 TIVE DATE OF THIS SECTION, WHICHEVER IS SOONER. THE  ADVISORY  COMMITTEE
 SHALL  MEET NO LESS THAN FOUR TIMES PER YEAR. THE ADVISORY COMMITTEE MAY
 ESTABLISH ITS OWN PROCEDURES WITH RESPECT TO THE CONDUCT OF ITS MEETINGS
 AND ITS OTHER AFFAIRS; PROVIDED, HOWEVER, THAT THE QUORUM  AND  MAJORITY
 PROVISIONS  OF  SECTION  FORTY-ONE OF THE GENERAL CONSTRUCTION LAW SHALL
 GOVERN ALL ACTIONS TAKEN BY THE ADVISORY COMMITTEE.
   (F) MEMBERSHIP ON THE ADVISORY  COMMITTEE  SHALL  NOT  CONSTITUTE  THE
 HOLDING  OF  AN OFFICE.  THE ADVISORY COMMITTEE SHALL NOT HAVE THE POWER
 TO EXERCISE ANY PORTION OF THE SOVEREIGN POWER OF THE STATE.  NO  MEMBER
 OF  THE ADVISORY COMMITTEE SHALL BE DISQUALIFIED FROM HOLDING ANY PUBLIC
 OFFICE OR EMPLOYMENT, NOR SHALL SUCH MEMBER FORFEIT ANY SUCH  OFFICE  OR
 EMPLOYMENT, BY REASON OF THE APPOINTMENT OF SUCH MEMBER PURSUANT TO THIS
 SECTION,  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL,
 OR LOCAL LAW; ORDINANCE; OR CITY CHARTER.
   (G) BEGINNING ON SEPTEMBER FIFTEENTH, ONE  YEAR  AFTER  THE  EFFECTIVE
 DATE  OF  THIS  SECTION,  THE  ADVISORY COMMITTEE SHALL PRODUCE A REPORT
 CONCERNING ITS DUTIES PURSUANT TO THIS SECTION AND ANY RELATED RECOMMEN-
 DATIONS, AND SUCH REPORT SHALL BE INCLUDED IN THE  REPORT  SUBMITTED  BY
 THE  ADMINISTRATOR TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE
 S. 141                              8
 
 TEMPORARY PRESIDENT OF THE SENATE UNDER  PARAGRAPH  (Q)  OF  SUBDIVISION
 THREE OF THIS SECTION.
   6. NO PRIVATE RIGHT OF ACTION. NOTHING IN THIS SECTION OR THE ADMINIS-
 TRATION  OR  APPLICATION  THEREOF SHALL BE CONSTRUED TO CREATE A PRIVATE
 RIGHT OF ACTION ON THE PART OF ANY PERSON OR ENTITY AGAINST THE STATE OR
 ANY AGENCY, INSTRUMENTALITY, OFFICIAL, OR EMPLOYEE THEREOF.
   7. MISCELLANEOUS PROVISIONS. (A) ANY LEGAL  SERVICES  PERFORMED  BY  A
 LEGAL  SERVICES  PROVIDER  PURSUANT  TO THIS SECTION SHALL NOT SUPPLANT,
 REPLACE, OR SATISFY ANY OBLIGATIONS OR RESPONSIBILITIES  OF  SUCH  LEGAL
 SERVICES PROVIDER PURSUANT TO ANY OTHER PROGRAM, AGREEMENT, OR CONTRACT.
   (B)  THE  PROVISIONS OF THIS SECTION SHALL SUPERSEDE CONFLICTING STATE
 OR LOCAL LAWS, RULES, POLICIES, PROCEDURES, AND PRACTICES, EXCEPT TO THE
 EXTENT THAT THE PROVISIONS OF ANY SUCH STATE OR LOCAL LAW, RULE, POLICY,
 PROCEDURE, OR PRACTICE MAY PROVIDE ANY ADDITIONAL OR  GREATER  RIGHT  OR
 PROTECTION.  NOTHING  IN THIS SECTION SHALL BE INTERPRETED OR APPLIED SO
 AS TO CREATE ANY POWER, DUTY, OR OBLIGATION PROHIBITED BY FEDERAL LAW.
   (C) IF ANY PROVISION OF THIS SECTION OR ANY APPLICATION THEREOF TO ANY
 PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT
 ANY PROVISION OR APPLICATION OF THIS SECTION THAT CAN  BE  GIVEN  EFFECT
 WITHOUT   THE  INVALID  PROVISION  OR  APPLICATION.  TO  THIS  END,  THE
 PROVISIONS OF THIS SECTION ARE SEVERABLE.
   § 3. This act shall take effect immediately.