New York State Bar Association Advocates for Immigrants’ Right to Legal Representation
U.S. Immigration and Customs Enforcement (ICE) has significantly ramped up its arrests and deportations in recent years. In response, the New York State Bar Association (NYSBA) is advocating for legislation that guarantees immigrants access to legal representation during detention proceedings.
On Saturday, the House of Delegates, the governing body of the NYSBA, formally endorsed a report from the Immigration Representative Committee. This report emphasizes the association’s commitment to supporting legislation designed to expand the availability of immigration attorneys across the state.
“The federal government’s overreach has instilled fear in even legal immigrants, discouraging them from engaging in public life,” stated Kathleen Sweet, President of the NYSBA. “We back legislation that ensures every individual facing immigration court receives the legal representation they rightfully deserve.”
Statistics from the Vera Institute of Justice reveal a troubling trend: nearly 30% of individuals facing deportation in New York are without legal representation, and about 40% of those detained lack an attorney. This underscores the urgency of the NYSBA’s efforts to increase legal assistance for vulnerable populations.
The NYSBA supports several key legislative initiatives, including the BUILD Act and the New York for All Act. The BUILD Act (S4538/A2689) aims to provide crucial funding to enhance immigration law services statewide, especially as many organizations confront funding shortages due to federal budget cuts. The heightened activity from immigration authorities has further amplified the demand for these legal services.
Meanwhile, the New York for All Act (S2235A/A3506) seeks to prohibit state and local police from collaborating with ICE during immigration enforcement operations. Although Westchester County has implemented such a ban, Broome, Nassau, and Rensselaer counties have 287(g) agreements that allow local police to function as federal immigration agents, complicating the enforcement of immigrant rights.
Additionally, the report encourages law firms to expand their pro bono initiatives to aid individuals facing deportation and to engage in federal litigation that challenges abuses of immigration due process. The association will also advocate for enhanced funding for the New York State Department of State’s Office of New Americans, further solidifying its commitment to immigrant rights.
The NYSBA also supports the Sanctuary Hospitals Act (A9589), which prohibits immigration enforcement in healthcare facilities. Furthermore, the association is pushing to broaden this legislation to cover other sensitive locations, including courthouses, educational institutions, and places of worship. Other notable legislative efforts include the Representative Access Law (S141/A270) and the Dignity and Non-Detention Act (S316/A4181), aimed at safeguarding immigrants’ rights. The SNAP for All Act (A6632) proposes the restoration of Supplemental Nutrition Assistance Program benefits to individuals who lost them due to federal restrictions. Finally, the Freedom to Fairness Act of 2025 (R. 3127) would require federal funding for legal representation for immigrants unable to afford it, while the SHIELD Act of 2025 (R. 3101) would establish a competitive grant program for organizations providing immigration legal services. The Real Court, Rule of Law Act (R. 7836) seeks to create an independent immigration court system, free from political influence, akin to the U.S. Tax Court and the U.S. Court of Veterans Claims Appeals.
Karin Anderson Pontzer, Chair of the Immigration Representative Committee and Director of Legal Services at Neighbors Link Community Law Practice, underscores the importance of these legislative measures in promoting justice and protecting the rights of immigrants in New York.
