What is the Access to Representation Act?
The Access to Representation Act (ARA) would build long-term stability in New York’s immigration legal services, support strong communities, and foster economic stability. The ARA establishes a right to universal representation, meaning anyone at risk of deportation who cannot afford a lawyer will be provided one. The stakes could not be higher: detention in dangerous facilities, permanent family separation, and deportation to unsafe conditions.
Unlike in criminal proceedings, where defendants will be given a lawyer if they cannot afford one, immigrants do not have a right to a government-paid attorney in immigration court. Those who cannot afford to hire a private attorney must find a nonprofit able to help or represent themselves. But immigrant New Yorkers lack affordable legal services, especially outside of New York City. Moreover, the uncertainty around continued funding for immigration legal service providers has made it hard for organizations to hire and retain staff, and to guarantee clients they will have lawyers for the duration of their cases.
Having a lawyer represent someone in deportation proceedings makes an enormous difference. 60% of not detained immigrants with lawyers win their cases, versus 17% who don’t have legal help. Detained immigrants with legal representation are 10 times more likely to win their cases compared to those who lack counsel, and are seven times more likely to be released from custody than those without counsel.
New York State can make sure that no immigrant fails to access the defenses and protections available to them under the law solely for lack of an attorney to make their case. The State should do its part to provide due process, fairness, and access to justice for immigrants facing deportation proceedings. By becoming the first state to enact a right to counsel for immigrants and, in the meantime, by renewing and adding to its initial investment, New York can once again show itself to be a leader in enacting commonsense policies that uplift all New Yorkers.
For more information on the campaign, download our one pager.
You must be logged in to post a comment.