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Bill > S00141


NY S00141

NY S00141
Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

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

AI Summary

This bill establishes a comprehensive right to legal counsel for immigrants in New York State facing immigration proceedings, creating a robust framework to ensure legal representation for income-eligible individuals. The bill defines "covered individuals" as those who are New York state domiciliaries or have a significant connection to New York, including those in detention, facing removal, or involved in immigration-related legal proceedings. The legislation mandates that covered individuals have the right to legal services, which can include both initial consultations and ongoing legal representation, across various venues such as immigration courts, federal district courts, and appellate venues. The New York state office for new Americans will be responsible for administering the program, including determining eligibility criteria, monitoring legal service quality, and establishing an advisory committee to help develop and improve the implementation of these legal services. The bill also requires the creation of a dedicated funding mechanism, ensures that legal representation begins as early as possible in immigration proceedings, and specifies conditions under which legal representation may be terminated. Notably, the bill explicitly states that it does not create a private right of action and is designed to supplement, not replace, existing legal service provisions. The implementation is phased, with full implementation required by January first of the sixth year following the bill's effective date.

Committee Categories

Budget and Finance

Sponsors (29)

Last Action

REFERRED TO FINANCE (on 01/08/2025)

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