NY to provide counsel for all detained immigrants facing deportation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
08/01/2017, Legislation, Immigration
In a groundbreaking step, New York will be providing counsel to all detained immigrants facing removal. From the press release:
The Vera Institute of Justice and partner organizations today announced that detained New Yorkers in all upstate immigration courts will now be eligible to receive legal counsel during deportation proceedings. The 2018 New York State budget included a grant of $4 million to significantly expand the New York Immigrant Family Unity Project (NYIFUP), a groundbreaking public defense program for immigrants facing deportation that was launched in New York City in 2013.
On August 1, the City Council and Mayor came to an agreement as to funding for the project at the City level.
We’ve got a webpage all about the NYIFUP (which has increased immigration defense success rates from 3 percent to 31 percent), and you can read more about this new expansion at Vera’s website and the Human Rights at Home Blog.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: categorical Qualified: no