Image Credits: @tania_fernandez on Unsplash (Unsplash License)

Every year New York City receives tens of thousands of migrants from all over the world. However, recent years have witnessed a staggering increase, surpassing 118,000. This influx in migrants was further amplified by the bussing of migrants from the southern border by the governors of Texas and Florida to the city as a political response to the border crisis. In relation to his implementation of the bussing strategy, at a news conference, Governor Abbott said, “I’m going to take the border to President Biden.” The substantial surge in migrants and asylum seekers in New York City has underscored a critical deficiency in the resources available to the city government for managing this escalating situation.

With this growth comes the necessity of an increase in better resources for the government to utilize towards safeguarding the rights of every migrant, immigrant, asylum seeker, and undocumented citizen who has their rights protected. A major impediment to ensuring these rights has been the limited legal aid available to those who face immigration court. In 2021, there were over 800,000 civil cases where those facing deportation were unable to attain legal representation because, in civil cases, the right to an attorney is not considered a constitutional right.   To address this, the proposed “Access to Representation Act,” created by the New York Immigration Coalition and sponsored by Assemblymember Catalina Cruz and Senator Brad Hoylman-Sigal in January 2020, advocates for various legal services with a focus on establishing the right to counsel for those in immigration court. For Cruz, this legislation hits particularly close to home as she was able to use legal representation to get her own permanent residency after migrating from Colombia thirty years prior. What she calls:  “A benefit not everyone can afford”. 

What Would the Access to Representation Act Do?

This act would enact a variety of changes such as appointing the Director of the NY State Office for New Americans to enhance legal services, requiring annual reports, allocating funds for counsel rights, encouraging ongoing support, and establishing an advisory committee for assistance. 

More specifically, this legislation is designed to allocate $100 million dollars to New York in the 2024 fiscal year towards various legal and social service needs of immigrant facilities in New York. $55 million will go towards launching the first year of the Act, $35 million towards increasing immigration legal services funding, and $10 million to meet the urgent needs of asylum seekers as well as other immigrants. 

The bill also calls to attention the various barriers to adequate representation currently as well as the inherent injustice immigrants face without such representation. Barriers such as geographical limitations, language barriers, monetary difficulties, and the long waiting lists that come from attempting to obtain pro bono or low-cost counsel. In relation to the injustices associated with the lack of representation, the bill cites a study conducted by the American Immigration Council that compares the successes between those with representation and those without. One such comparison identifies that “44% of represented immigrants were given a custody hearing, compared to 18% of unrepresented immigrants.” and 44% of represented immigrants were actually released from custody, compared to 11% of unrepresented immigrants.” Adequate representation in immigration court is imperative in guaranteeing the rights of all people to a fair trial and due process as adequate counsel has been proven to be a decisive factor in the outcomes of numerous deportation cases in America. 

Despite the seemingly promising nature of the Access to Representation Act, some critics argue that such recommendations are overly simplistic for such a complex issue. Rebecca Sandefur, professor of sociology at Arizona State University, says that simply expanding access to legal services doesn’t explicitly guarantee access to justice. Sandefur writes, “When a system is broken, we need systemic reform. The access-to-justice crisis is a crisis of exclusion and inequality for which legal services will sometimes provide a solution. At other times, lawyers’ services will be too expensive and much more than necessary.” Access to Representation is a step in the right direction but more work needs to be done to fully guarantee immigrant rights. Sandefur argues for systematic reform as opposed to continuing to work within a broken system. This act will open more doors toward legal representation for immigrants in dire situations but it is not a guarantee of justice. To Sandefur, justice for immigrants may only come after a thorough look into the systemic failings of the justice system and the addressing of such failings. 

In recent news, on December 14, 2023, the New York City Council passed the legislation, meaning all that is left is for the New York State Legislature and Governor Kathy Hochul to sign off on the Resolution. Numerous officials who worked on and advocated for the Access to Representation Act have expressed their triumph at the progress made. “Today’s resolution in support of a right to counsel in immigration courts by the New York City Council is an indisputable signal to Albany,” said Murad Awawdeh, executive director of the NYIC. While the legislation passed, there were still a few notable oppositions. Republican Council Minority Leader Joseph Borelli said that taxpayers, “…should not be forced to pay for lawyers to represent these same non-citizens during deportation proceedings.” Democrat council member Kalyan Yeger said, “Neither the council’s resolution nor the state legislation proved a cost. I think legislators should know the cost of what they create.” It is yet to be seen whether these comments will be addressed in future discussions of the legislation’s approval in the New York State Legislature. 

This news comes after Texas Governor Greg Abbott signed off one of the severest immigration laws in recent U.S. history. SB4 gives Texas law enforcement excess authority in their power to prevent migrants from crossing illegally. Specifically, it gives authorities the power to arrest and jail migrants on state-level charges. It also allows judges to issue de facto deportation orders against those who are suspected of violating SB4. Almost immediately after this law was signed, numerous civil rights groups and Democratic lawmakers made their criticism clear. A White House spokesperson Angelo Fernández Hernández said, “This is an extreme law that will make communities in Texas less safe.” The American Civil Liberties Union (ACLU), is currently working on a lawsuit against the implementation of SB4. 

The two opposing pieces of legislation have only emphasized the polarizing politics at play in Texas and New York. These legislations may have an impact on the steps neighboring states take in their own governments, whether it be a collective step forward or a collective step back into the past. 

In a state renowned for its vibrant and diverse immigrant community, the introduction of this groundbreaking legislation in New York has the potential to reshape the national dialogue on immigrant and migrant rights. By establishing the importance of immigrant rights in legislation, New York can continue to live up to its ‘safe-haven’ status for immigrants everywhere. It will continue to hold the poetic truth the Statue of Liberty beams, “Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tossed, to me; I lift my lamp beside the golden door” (Emma Lazarus).