Immigration Reform News Today: New York Lawmakers Call for Statewide Public Defenders Program for Undocumented Immigrants
Listen to the New York Immigrant Family Unity Project Statewide Proposal, unedited, from New York on Feb. 23:
New York lawmakers and immigrant rights advocates are calling for a statewide expansion of a public defender program for immigrants at risk of deportation.
Lawmakers, including New York State Assemblymen Francisco Moya of Queens and Marcos Crespo of The Bronx, proposed for New York City's New York Immigrant Family Unit Project (NYIFUP) to be expanded across the state. The NYIFUP program offers undocumented immigrants a public defender with the goal of reducing deportation rates and save families who have been lawful and productive in the state.
"We have for years had two standards for justice: one for those who can afford to pay for an attorney and another for those who can't. The scales of justice have never been swayed by one's wealth, but that's what happens every day in immigration court across the country and across this state," said Moya, who spoke outside the Varick Street Immigration Court in Manhattan.
Moya said NYIFUP will save families and avoid placing children in the foster care system. Acknowledging federal Judge Andrew Hanen's temporary injunction to block President Barack Obama's deferred action programs, Moya said a public defender program for immigrants is needed more than ever.
According to Crespo, NYIFUP is a program that will save the state money, but would also provide immigrants with equal opportunity when meeting a court judge while understanding what is developing during the proceedings and present their defense.
"The fact of the matter is that the State of New York benefits tremendously, both economically in terms of economic development, in terms of revenues raised and in so many ways in our quality of life thanks to the immigrant communities in this state," said Crespo. "That should not be understated, that should be celebrated and this is one way that we can respond to the needs of this community and that is with a smart investment in the NYIFUP."
Twenty-one-year-old immigrant Oscar Hernandez utilized the NYIFUP program. During the immigration court process, Hernandez did not have an attorney and was unaware of his rights. He said NYIFUP provided a free attorney, and through the program, Hernandez was able to understand his rights and was able to stay in the U.S. with residency.
"Because deportation proceedings are designated as civil, not criminal, courts have not required the government to provide appointed counsel," said Northern Manhattan Coalition for Immigrant Rights (NMCIR) Executive Director Angela Fernandez, in a statement. "However, to the immigrants who are held in county jails throughout New York State, shackled and forced to litigate in one of our most complex arenas of law, against trained government attorneys, the civil designation is cold comfort. Thanks to the unwavering leadership of Assemblymember Moya, New York State is in a good position to continue leading an historical shift by leveling the playing field and providing true access to justice. By replicating NYIFUP throughout the entire state of New York, we will ensure that no worker or loved one is deported unjustly."
Moya said his hope is for the expansion to be implemented by the end of the year. According to Moya's office, a statewide NYIFUP program would cost $4.3 million, or $0.78 cents per income taxpayer, per year.
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