Opinion: Fund immigrant legal defense now

Over the past 11 months, we’ve witnessed our federal government commit alarming human rights violations and systematically dismantle due process protections within our immigration system. The U.S. Immigration and Customs Enforcement immigration raids have targeted New Yorkers in their homes, in their workplaces, in courthouses and even in their schools and places of worship.

These attacks tear entire communities apart, threaten family unity, undermine our core values and harm our economy. As we confront this injustice, we must defend due process and our democratic values by ensuring that anyone facing deportation has legal representation to help them understand their rights in a complex immigration system. 

For immigrant New Yorkers facing deportation, having an attorney can mean the difference between being at home with loved ones, contributing at work and thriving in their neighborhoods, or languishing in inhumane conditions in detention and facing permanent separation from their families and communities. These risks are not isolated or rare. Over the past six months, ICE has increasingly detained people who were simply attending immigration court for required appointments or hearings. Attorneys provide critical protection in this hostile environment, helping clients not only to prove their case so that they can remain in the country but also to safely navigate a system that now punishes compliance with the law. 

Albany must meet this moment by taking three clear steps to defend due process and our immigrant neighbors.

Invest $175 million in immigration legal defense and social services: Strengthen and expand emergency deportation defense, sustain existing programs, retain experienced staff and invest in long-term infrastructure to ensure that the legal services field remains ready to respond to a changing immigration landscape and provide high-quality services statewide.

Pass the Access to Representation Act (ARA, A270/S141): Establish a right to counsel in immigration court for anyone who can’t afford a lawyer. This would ensure fairer proceedings, as representation significantly increases the likelihood of being granted relief and allows longstanding community members to remain in the country and with their loved ones. 

Pass the Building Up Immigrant Legal Defense Act (BUILD Act, A2689/S4538): Invest in the infrastructure needed to make this right a reality. This bill focuses on workforce development to recruit, train and retain immigration attorneys. It also expands services to rural and suburban areas and integrates comprehensive support from social workers and community-based organizations to coordinate client support.

Unleashing an agenda of mass detention and deportations is a devastating and cruel choice by the federal government. New York state must now choose whether we will stand aside and watch or take action by funding the protection our neighbors need to fight back. 

Immigrant New Yorkers power this state’s economy and strengthen our communities. New York cannot thrive without them, and we cannot allow them to stand alone. We must be firm in our values and choose representation, due process and dignity for every New Yorker. Just as New York led the nation in establishing a public defender program, we must lead again.