Old & New Immigrants: Their Rights

lied on the State Capitol’s Million Dollar Staircase to call on Governor Hochul and legislative leaders to support the Access to Representation Act (ARA). This first-in-the-nation bill would establish a right to counsel in immigration court proceedings.

People at the rally shared stories about how they have been forced to navigate an overburdened and under-resourced court system without any legal resources. By passing the ARA, Governor Hochul and the legislature can help thousands of New Yorkers keep their families intact and allow them to continue contributing to their communities and our economy. Having a lawyer makes a massive impact: immigrants in detention are 3.5 times more likely to win release from detention and more than 10 times more likely to prove their right to remain in the United States.

New York State currently has a backlog of more than 190,000 deportation cases in immigration courts. Across the state, 93 percent of New Yorkers—in- cluding 86 percent of upstate residents—said that they believe it is somewhat or very important that all people, including those in immigration court, have access to legal representation. Investing in humane immigration policies that enable more community members to remain safely at home, on the job, and with their families makes our state safer and benefits our economy. Passage of the ARA would continue to position New York State as a model for other jurisdictions where immigrants face similar challenges while delivering on behalf of New Yorkers.

"Having a lawyer in an immigration hearing can be the difference between life and death. Non-detained people in immi- gration hearings are over three times more likely to achieve a successful outcome if they have representation. Our Access to Representation Act will help immigrants get the legal representation they need. I am grateful to Assembly Member Catalina Cruz, the New York Immigration Coalition, the Vera Institute of Justice, and Immigrant-ARC, for their advocacy in support of this critical bill," said State Senator Brad Hoylman-Sigal.

"Every day thousands of immigrants statewide face the possibility of deportation without due process of law and a meaningful opportunity to be heard. They are our friends, our neighbors, our loved ones. Our nation was and is built on their backs, and they have built their lives on the promises of our nation. However, if they cannot afford a lawyer, they are left to fight a complex immigration system on their own. While immigration law is civil in nature, the consequences of violating the law are the same as those faced by criminal defendants- loss of liberty, forced separation from family, or worse- death when forced to return to a country that persecutes their very existence. As the migrant crisis intensifies, the need for legal services skyrockets. The Access to Representation Act seeks to right this wrong by ensuring that effective legal services are provided to everyone, not simply those who are able to afford them," said State Assemblywoman Catalina Cruz.

“DC 37 represents thousands of new immigrants in many titles, including those providing critical healthcare and community services. New York’s history proves that today's new immigrants are tomorrow’s hardest working citizens. Immigrants come to the city to work and support their families, and are in turn invaluable contributors to our economic growth and recovery. Expanding the right to counsel to help our members and their families remain working here rather than in jail awaiting deportation is a moral imperative and sound economic policy,” said Henry Garrido, Executive Director, District Council 37, AFSCME.

“Access to a lawyer when facing an immigration hearing can be the difference between a years-long battle of attrition in the US court system and a fair resolution,” said 32BJ SEIU President Manny Pastreich. “The Access to Representation Act ensures that our immigrant community no longer faces our nation’s byzantine court system alone. 32BJ is proud to support this vital legislation and we thank Senator Hoylman and Assemblymember Cruz for introducing this bill and immigrant advocates for their fierce advocacy.”

“Breaking up families who contribute to our communities doesn’t just hurt households, it also hurts the local economies that thrive because of their immigrant neighbors. Without