As President-elect Donald Trump’s promised mass deportation policies loom, immigration advocates gathered in New York City on Tuesday to rally in favor of legislation that would provide a state-wide right to legal representation in deportation cases.
Groups like the Vera Institute of Justice, the New York Immigration Coalition, and Immigration ARC joined lawmakers to support the Access to Representation Act at Foley Square. They argue that guaranteed legal counsel—regardless of an individual’s financial situation—will ensure immigrants can properly present their cases in court, where they face government attorneys in adversarial hearings.
“The Constitution doesn’t care who’s president or what party is in power,” said Assemblywoman Catalina Cruz, a sponsor of the bill. “The Constitution protects us all, no matter how long we’ve been here.”
According to Syracuse University, approximately 193,000 New Yorkers with open immigration cases were unrepresented as of December 2023. A 2015 report from the American Immigration Council highlights the critical role of legal representation. Immigrants with attorneys are more likely to succeed in their cases, with those not detained 3.5 times more likely to win relief. The odds are even more favorable for detainees, who are 10.5 times more likely to win with legal representation.
Tuesday’s rally underscored the ongoing push for the Access to Representation Act, a proposal New York advocates have championed for years. While the bill gained support from many Democratic lawmakers during the last state legislative session, it did not advance past committee. However, with Democrats holding majorities in both chambers for the next session, advocates are hopeful for progress.
State Senator Thomas O’Mara, a Republican leader on the Senate Finance Committee, which oversees the bill, did not respond to a request for comment.
In addition to the Access to Representation Act, advocates are also backing the BUILD Act, which seeks to expand the number of immigration attorneys and legal service providers in the state. Cynthia Marlene Galaz, policy director at the New York Immigration Coalition, said this is part of a long-term strategy: “This isn’t just about this year. We’re preparing for a longer fight under the Trump administration.”
In the meantime, advocates are pushing the state to increase funding for legal representation in the next budget. While New York allocated more than $60 million for such efforts last year, advocates are asking for $165 million in the upcoming budget. The proposed funds would support immigration legal services through the Office for New Americans and provide $65 million to train new immigration attorneys and social workers in New York’s Department of Education.
Rosie Wang, program manager at the Vera Institute’s Advancing Universal Representation initiative, noted that the backlash against Trump’s first presidency led to the creation of the SAFE Network, which funds deportation defense. “It’s time for New York to set an example again,” she said, emphasizing the importance of continued support for immigrants in the face of shifting national policies.
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