Sunshine Sentinel

Twenty-nine New York-based and national organizations have urged Governor Kathy Hochul to sign the Fair Courts for Immigrant New Yorkers bill, aimed at strengthening legal protections for immigrants facing criminal charges.

“Many criminalized survivors experience arrest and conviction as an outcome of trauma flowing from abuse, including isolation from resources and information about their options. We at ASISTA are proud to support the Fair Courts for Immigrant New Yorkers bill now on Gov. Hochul's desk, and hope that it will help immigrant survivors facing convictions to achieve the safety and stability promised by survivor-based remedies," said ASISTA’s Legal & Policy Director, Cristina Velez.

On August 21, 2023, a coalition of 29 New York-based and national legal and community-based organizations issued a joint letter to Governor Kathy Hochul, urging her to sign the Fair Courts for Immigrant New Yorkers bill. These organizations, representing immigrant survivors of crime, domestic violence, sexual assault, and other forms of violence, are calling for strengthened protections for immigrants within the state's criminal justice system.

The proposed bill aims to expand the constitutional rights of immigrants, ensuring that they receive accurate legal advice in criminal court regarding potential immigration consequences of criminal pleas. Under the current system, minimal protections only apply to felony cases, where judges must provide notice that a guilty plea might lead to negative immigration consequences. Advocates argue that this approach is insufficient for immigrants charged with lower-level offenses, which can still carry serious immigration consequences.

Key aspects of the bill include the provision of notification for immigrants in misdemeanor and violation cases, standardized language from judges to ensure that immigrants understand potential immigration concerns, and the ability to vacate a judgment if the court fails to provide the required notification. These changes are designed to minimize the risk of deportation and preserve the noncitizen defendant's eligibility for status or citizenship.

The letter highlights the specific challenges faced by immigrant survivors of gender-based violence, emphasizing that they are often trapped in a cycle of violence that leads to arrest, prosecution, and conviction. These survivors may be disproportionately affected by racial bias within the criminal justice system, leading to further injustice.

The Fair Courts for Immigrant New Yorkers bill is portrayed as a critical step in protecting the rights of immigrant survivors, and Governor Hochul's swift action is requested. Thirty other jurisdictions already require immigration warnings from the court by statute, so the organizations argue that New York should follow suit.

Supporters of the bill include well-known organizations such as the Empire Justice Center, the New York State Coalition Against Domestic Violence, the Legal Aid Society, and the National Network to End Domestic Violence, among others.

The letter concludes with an earnest appeal to Governor Hochul to sign the bill without delay, emphasizing that the bill's provisions are vital for immigrant survivors to make informed decisions within the criminal legal system.