Opinion: New York Can Lead on Immigrant Protections, With Hochul’s Leadership

“During last year’s legislative session, the New York for All Act gained significant traction from the Legislature but ultimately did not pass,” the author writes. “What we need is the governor’s support during this legislative session.”

New York Gov. Kathy Hochul offered encouraging words to the state’s immigrant community during her recent State of the State address. She voiced support for expanding protections and legal options for immigrants in response to the federal government’s evolving immigration enforcement efforts. Her support is necessary. However, it is imperative that the governor and the Legislature work on comprehensive legislation and financial resources to protect all New Yorkers.

The New York for All Act is not new to lawmakers in Albany, nor are proposals to reform immigration legal defense funding. The New York for All Act already has ample support statewide, including Senate Leader Andrea Stewart-Cousins, the New York State Black, Puerto Rican, Hispanic, and Asian Legislative Caucus and a large portion of the State Assembly. What we need is the governor’s support during this legislative session.

During last year’s legislative session, the New York for All Act gained significant traction from the Legislature but ultimately did not pass. The bill would provide supports for immigrant communities, limiting state and local officers from enforcing federal immigration laws and sharing sensitive information of New York residents. It limits the use of the state’s resources for immigration enforcement purposes, and prohibits federal immigration enforcement from entering non-public areas of state and local property without a judicial warrant. 

At its core, New York for All is designed to reduce the fear that now pervades immigrant and mixed-status families with U.S citizen children, which represents nearly 40 percent of the state’s children population.

That fear is real and deeply harmful. Families across the state are missing medical appointments, avoiding after-school programs, and steering clear of community resources because they worry that engaging with public systems could expose them to federal immigration enforcement. Many families outside New York City are afraid to go to the store or the mall—simple, everyday activities that children should be free to enjoy without fear.

Last December, Illinois Gov. J.B. Pritzker signed a similar bill into law for his state. Gov. Hochul should do the same for New York.

In addition, New York State should significantly expand funding for organizations that provide legal defense to immigrant and mixed-status families and support training for immigration attorneys and legal advocates. The demand is overwhelming, especially in areas outside New York City. There are far too many cases and far too few attorneys and paralegals available to meet the needs of families at risk of separation.

Last year, we were grateful that the governor allocated more than $64 million for immigration legal defense, but advocates are requesting a significant increase in funding to support thousands of individuals at risk of family separation and socio-economic despair statewide. Enhanced funding is critical to supporting more young people like the 16-year-old Bronx high school student who was last detained during last October when he appeared in court for a routine check-in.

I followed his case closely. Like him, I was born in Ecuador. I came to the United States as a teenager. My family, like many immigrant families, faced challenges that hindered a sense of belonging. Despite multiple obstacles, we were able to have the same opportunities that millions of immigrants have received for centuries in the Unites States—and ultimately thrive.  

I was fortunate to advance my education in my late 30s largely in part to the support of academic and government programs that uplift all New Yorkers. I am now an academic researcher, college adjunct professor and New York State policy manager at the Children’s Defense Fund, where I work to help other young people build better futures.

Based on this nation’s history of welcoming newcomers, every immigrant deserves the same opportunity. That 16-year-old Bronx teen included. 

In his case, the legal community stepped in. The New York Civil Liberties Union and The Door’s Legal Services Center authored an emergency habeas corpus petition to challenge his detention. My organization led a coalition effort to submit an amicus brief documenting the myriad harms of detention on youth. Ultimately, a judge ordered that teen’s release and cited our brief on the bench to support this decision.

His case underscores the life-changing importance of legal representation. He was a child on the verge of deportation. Because he had access to legal advocacy, he was released and hopefully will be able to stay. He is back in school and thriving once again.

Policies have changed completely. This is no longer the New York State of 10 or 20 years ago, when immigrant youth like that teen and U.S. citizen children from mixed-status families felt safer and more hopeful. Today, immigrant and mixed-status families with U.S. citizen children live with constant uncertainty, and the stigma of being treated as “other” adds yet another layer of barriers, making it even harder for children who already face challenges to thrive.

But doing right by children like that 16-year-old isn’t the only reason the governor should support and sign New York For All into law and reform immigrant legal defense funding. Consider the economic impact as well. These proposals protect people across the state who pay taxes, work, and take care of their families. These families are part of communities also impacted by labor shortages and economic downturns. These proposals are an investment in New York.

Governor Hochul has a clear opportunity to do just that by turning New York for All into reality and, in the process, helping countless children, young people, and families thrive.  

Juan Diaz is the state policy manager with Children’s Defense Fund-New York.